A.
Purpose. In addition to and in conjunction with the purpose set forth in § 59-2 of the within Land Use and Zoning Ordinance of the Borough of Oakland, it is the purpose of this Article to establish a pattern for the use of land and buildings based on the adopted Land Use Plan Element of the Master Plan and enacted in order to promote and protect the public health, safety, morals, comfort, convenience and the general welfare of the people. This Article is intended to regulate the use of land within zoning districts, secure safety from fire, panic and other dangers, provide adequate light and air, promote orderly development, avoid undue concentration of population, prevent the overcrowding of lands or buildings, establish standards of development, limit congestion in the street, prohibit incompatible uses, regulate the alteration of existing buildings, protect against hazards, conserve the value of land, preserve open space and natural features and encourage the inclusion of aesthetics, amenities of living and a balance of public services.
B.
Interpretation. In the interpretation and application of the provision
of this Article, the provisions hereof shall be held to be the minimum
requirements, adopted for the promotion of the public health, safety,
morals or general welfare. Wherever the requirements of this Article
are at variance with the requirements of any other lawfully adopted
rule, regulation or ordinance, the most restrictive or that imposing
the highest standards shall govern.
For the purpose of implementing this Article of the Land Use and Zoning Ordinance of the Borough of Oakland, the following definitions are to be used with reference to Article VII hereof only and shall take precedence over and shall be supplemental to those definitions set forth in Article II of this chapter.
The term applied to a building, structure or use which is
customarily clearly incidental or subordinate to the principal building,
structure or use and located on the same lot with such principal building,
structure or use. Any "accessory" building attached to a principal
building shall be deemed a part of the principal building in applying
the bulk regulations of such "accessory" building.
A subordinate building detached from but located on the same
lot as a principal building. An accessory building derives and adopts
its use characteristics from the principal use to which it is subservient.
[Added 6-26-2013 by Ord.
No. 13-Code-688]
A subordinate structure detached from, but located on the same lot as, a principal building. An accessory structure derives and adopts its use characteristics from the principal use to which it is subservient. HVAC equipment and generators shall not be considered accessory structures for the purpose of measuring setbacks from property lines as they are required to comply with the setback requirements applicable to the principal building for the zone in which the subject property is located. An accessary structure shall not be construed to include a "POD" as defined in Chapter 59, Lane Use and Zoning, Article II, Word Usage; Definitions, § 59-5, of word usage.
[Added 6-26-2013 by Ord.
No. 13-Code-688; amended 12-5-2018 by Ord. No. 18-Code-777]
Single message placed on a sign or sign face, also called
a "display."
[Added 8-22-2018 by Ord.
No. 18-Code-772]
Any rigid or semirigid material, with or without advertisement
displayed thereon, situated upon or attached to real property outdoors,
primarily or principally for the purpose of furnishing a background
or base or support upon which an advertisement may be displayed.
[Added 8-22-2018 by Ord.
No. 18-Code-772]
As applied to a building or structure, a change or rearrangement
in the structural parts in the existing facilities or an enlargement,
whether by an extension of a side, an increase in height or a move
from one location or position to another.
Any exterior transmitting or receiving device mounted on
a tower, building or structure, and used in communications that radiate
or capture electromagnetic waves, digital signals, analogue signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals. Excepted from this definition
are antennas used exclusively by ham radio operators or other residential
users.
[Added 3-21-2001 by Ord.
No. 01-Code-403]
A portion of a building consisting of a room or group of
rooms used as a dwelling for a family and set apart as a separate
unit from other units or portions of a building.
The Planning Board or Zoning Board of Adjustment of the Borough
of Oakland.
[Added 3-21-2001 by Ord.
No. 01-Code-403]
An area of a building partly underground, but having at least
1/2 of its clear ceiling height above the average finished grade level
at the exterior of the foundation. A "basement" shall be considered
as a story if used for dwelling or business purposes.
A structure, including a panel, wall or fence designed or
used for the display of advertisements in public places.
All lots fronting on the same side of a street between and
including two corner lots and bounded by any of the following or any
combination thereof: streets or highways; railroad rights-of-way;
park boundary lines; borough boundary lines; or boundary lines created
by ordinances. All lots fronting on a cul-de-sac shall be construed
as being included in one "block."
A dwelling unit in which more than three and less than 10
persons are housed or lodged for compensation, with or without meals.
A rooming house housing or lodging the same number of persons shall
be deemed a "boardinghouse."
A commercial establishment operating with and in accordance
with a Restricted Brewery License as defined and regulated by N.J.S.A.
33:1-10.
[Added 10-13-2021 by Ord. No. 21-Code-853]
A structure having a roof supported by columns, posts, piers,
walls or similar structural parts, including tents, lunch wagons,
trailers, dining cars, camp cars or other structures on wheels, or
having other supports and any unroofed platform, terrace or porch
having a vertical face higher than three feet above the level of the
ground from which the height of the "building" is measured which may
be used or intended to be used for the housing, enclosure or shelter
of persons, animals or property of any kind.
The total area of outside dimensions on a horizontal plane
at ground level of the principal building and all accessory buildings.
That percentage of a lot covered by the roof(s) of all principal
and accessory building(s), including roofed over porches and similar
extensions of a building such as decks.
[Added 7-23-2008 by Ord.
No. 08-Code-572]
The height of a building shall be measured from the average
finished grade around the perimeter of the building to the highest
point of the roof surface. The average finished grade shall be measured
at ten-foot intervals, on all sides and immediately adjacent to the
building. Additional grading or berms, with the intent or effect of
reducing the building height, as determined by the Planning Board,
shall not be considered in the computation of the building height.
[Amended 12-28-2001 by Ord. No. 01-Code-426; 9-19-2012 by Ord. No. 12-Code-672]
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In the case of a cantilevered
or projected section of a building, the vertical plane will coincide
with the most projected surface. All yard requirements are measured
to the building line.
A permit issued by the Zoning Enforcement Official prior
to the start of construction, erection or alteration of any building
or other structure or part thereof and prior to the use of any lot
or area of land or part thereof for any purpose, certifying that such
building or other structure or part thereof or such use of any lot
or area of land or part thereof is in accordance with all applicable
requirements of the State Uniform Construction Code and this chapter
and any amendment thereof.
The volume and shape of a building or of a non-building use
which does not conform to one or more of the applicable bulk regulations
prescribing the minimum floor area, maximum height of a building or
non-building use or the minimum lot area per dwelling unit, lot frontage,
yards, courts, required spacing between detached buildings on the
same lot and usable open space on the lot for the district in which
such building or non-building use is located.
That part of a building or non-building use which does not
conform to one or more of the applicable bulk regulations prescribing
the minimum floor area, maximum height of a building or non-building
use or the minimum lot area per dwelling unit, lot frontage, yards,
courts, required spacing between detached buildings on the same lot
and usable open space on the lot for the district in which such building
or non-building use is located.
Term includes all parts of the plant Cannabis sativa L.,
whether growing or not, the seeds thereof, and every compound, manufacture,
salt, derivative, mixture, or preparation of the plant or its seeds.
The term "Cannabis" does not include medical cannabis dispensed to
registered qualifying patients pursuant to the "Jake Honing Compassionate
Use Medical Cannabis Act.
[Added 12-20-2021 by Ord.
No. 21-Code-863]
Any licensed person or entity holding a valid Class 1 Cannabis
Cultivator license that grows, cultivates or produces cannabis and
sells and possibly transport cannabis to other licensed cannabis cultivators
or usable cannabis to licensed cannabis manufacturers, licensed cannabis
wholesalers, or licensed cannabis retailers.
[Added 12-20-2021 by Ord.
No. 21-Code-863]
Any licensed person or entity holding a Class 6 cannabis
delivery license that provides courier services for consumer purchases
of cannabis items and related supplies fulfilled by a licensed cannabis
retailer in order to make deliveries of the cannabis items and related
supplies to that consumer, and which services include the ability
of a consumer to purchase the cannabis items directly through the
cannabis delivery service, which after presenting the purchase order
to a licensed cannabis retailer for fulfillment, is delivered to that
consumer.
[Added 12-20-2021 by Ord.
No. 21-Code-863]
Any licensed person or entity holding a Class 4 Cannabis
distributor license that transports cannabis in bulk from one licensed
cannabis cultivator to another licensed cannabis cultivator, or transports
cannabis items in bulk from any one class of licensed cannabis establishment
to another class of licensed cannabis establishment, and may engage
in the temporary storage of cannabis or cannabis items as necessary
to carry out transportation activities.
[Added 12-20-2021 by Ord.
No. 21-Code-863]
Any licensed person or entity holding a Class 2 cannabis
manufacturer license that process cannabis items by purchasing or
otherwise obtaining usable cannabis, manufacturing, preparing and
packaging cannabis items, and selling, and optional transporting,
these times to other licensed cannabis manufacturers, licensed cannabis
wholesalers, or licensed cannabis retailers, but not directly to consumers.
[Added 12-20-2021 by Ord.
No. 21-Code-863]
Any licensed person or entity holding a Class 5 cannabis
retail license that purchases or otherwise obtains usable cannabis
from licensed cannabis cultivators and cannabis items from licensed
cannabis manufacturers or licensed cannabis wholesalers, and sells
these items to consumers from a retail store, and may use a cannabis
delivery service or a certified cannabis handler for the off-premises
delivery or cannabis items and related supplies to consumers. A cannabis
retailer shall also accept consumer purchases to be fulfilled from
its retail store that are presented by a cannabis delivery service
which will be delivered by the cannabis delivery service to the ultimate
consumer.
[Added 12-20-2021 by Ord.
No. 21-Code-863]
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purchase of resale or other transfer to either
another licensed cannabis wholesaler or to a licensed cannabis retailer,
but not consumers.
[Added 12-20-2021 by Ord.
No. 21-Code-863]
An area of building partially underground, having more than
1/2 of its clear ceiling height below the average finished grade level
at the exterior of the foundation.
The use of a common wireless telecommunication tower or a
common structure, by two or more telecommunications license holders
or unlicensed holders nevertheless regulated by the Federal Communications
Commission or by one telecommunications license holder for more than
one type of communications technology and/or the placement of a wireless
telecommunication tower on a structure owned or operated by a utility
or other public entity.
[Added 3-21-2001 by Ord.
No. 01-Code-403]
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as specified in this chapter.
A building, lot, structure or use that does conform with
the regulations herein made for the district in which such building,
lot, structure or use is located.
A parcel of land at the junction of and fronting on two intersecting
streets.
An unoccupied space on a lot other than a yard. An "outer
court" is one that extends to a street line or to a front or rear
yard. An "inner court" is any other court.
[Repealed 9-23-2008 by Ord. No. 08-Code-572]
A land use that, if located in the vicinity of an oil and
hazardous substance pipeline, represents an unusually high risk to
life in the event of a pipeline failure due to the characteristics
of the inhabitants or functions of the use. Critical Land Uses include
without limitation:
[Added 8-30-2017 by Ord.
No. 17-Code-757]
Child care;
Houses of worship and other religious institutions;
Hospitals;
High-rise buildings, including hotels, dormitories, apartment
complexes, and office buildings, which may not lend themselves to
a timely evacuation;
Open space uses, including Green Acres and Borough of Oakland-owned
lands designated as open space preservation areas, farmland preservation
areas, historic preservation areas, Blue Acres preservation areas,
active recreation areas, and passive recreation areas;
National Park Service designated National Natural Landmarks;
New Jersey Department of Environmental Protection ("NJDEP")
designated New Jersey Natural Areas and Natural Heritage Priority
Sites;
Senior and residential care facilities;
Institutional uses, including public and private schools, day-care
facilities, and public buildings;
Land traversing sole source aquifers.
A structure or use where more than three dogs, cats or domestic
animals, or any combination thereof, which are more than six months
of age are housed at one time for the purpose of sale, boarding, breeding,
treatment or hospitalization.
A retail business or establishment engaged in the sale of
food, soft drinks, ice cream or similar confections which are so prepared,
packaged in paper or other types of disposable wrappers or containers
and served at counters either inside or outside the confines of a
building or to persons in motor vehicles so as to be intended for
immediate consumption by persons either seated or standing, either
within or outside the building or in motor vehicles, except that this
definition shall not include retail stores selling confections as
an incidental item.
A building used only for permanent habitation by one or more
families. The term shall not include hotel, motel, rooming house,
hospital or other accommodation used for transient lodging.
A building or portion thereof used as a residence and having
housekeeping facilities for one family as defined in this chapter.
A dwelling containing three or more dwelling units.
A detached dwelling, other than a stationary trailer or mobile
home, containing only one dwelling unit.
A one-family dwelling attached by no more than one common
wall to another one-family dwelling.
One of a series of from three to 10 attached dwelling units
separated from one another by continuous vertical walls, without openings
from basement floor to roof, and having diversified architectural
facades or treatment of materials on both front and rear of the group,
with not more than four of any 10 abutting townhouses having the same
architectural facades and treatment materials and with not more than
three abutting townhouses having the same front and rear setbacks.
A detached dwelling containing two dwelling units.
The ability to do work.
[Added 5-22-2013 by Ord.
No. 13-Code-685]
Those public facilities which provide basis health and safety
services to residents and visitors of Borough of Oakland, including,
without limitation, water sanitation plants, water treatment plants,
sewer treatment plants, water storage facilities, municipal telecommunication
towers, police stations, fire stations, jails, courthouses, public
health facilities, and emergency operations centers.
[Added 8-30-2017 by Ord.
No. 17-Code-757]
One or more persons occupying a dwelling unit as a single
non-profit housekeeping unit who are living together as a stable,
permanent living unit, being a family unit or the functional equivalency
thereof.
[Amended 6-14-2023 by Ord. No. 23-Code-906]
The ratio of the gross floor area of the principal building
to the total lot area.
The sum of the areas of the several floors of a building,
including areas used for human occupancy in basements, attics and
penthouses, as measured from the exterior faces of the walls. It does
not include cellars, unenclosed porches or attics not used for human
occupancy or any floor space in accessory buildings or in the main
building intended and designed for the parking of motor vehicles in
order to meet the parking requirements of this chapter, or any such
floor space intended and designed for accessory heating and ventilating
equipment.
An open unoccupied space on the same lot with the main building
situated between the street line of the lot and the parts of the building
setting back and nearest to such street line and extending to the
side lines of the lot.
The width of a lot measured at the street line (either existing
or proposed public street occupied by the borough) to be not less
than 2/3 of the lot width as defined herein.
A detached accessory building or portion of the main building
used for the storage of motor vehicles but not for business or profit.
Any building, premises or land in which or upon which a business,
service or industry involving the maintenance, washing or servicing
and storage in connection therewith of motor vehicles is conducted
or rendered, but not including motor vehicle service station as defined
herein.
A dwelling or group of dwellings on one plot and in a single
ownership, not more than 2 1/2 stories or more than 35 feet high,
designed and used solely for dwelling purposes by families occupying
separate apartments or suites of rooms and not more than two families
using a common entrance or hallway. Not less than 50% of the apartments
in each unit must have three walls each exposed at least 75% to give
cross ventilation, and the remainder of the apartments in each unit
must have two walls fully exposed to give through ventilation.
A building or lot or part thereof supplying and selling gasoline
or other equivalent fuel for motor vehicles at retail direct from
pumps and storage tanks and which may include accessory facilities
for rendering services, such as lubrication, washing and minor repairs.
That portion of a building situated above a full story and
having at least two opposite exterior walls meeting a sloping roof
at a level not higher above the floor than a distance equal to 1/2
the floor-to-ceiling height of the story below.
Any substance designated under 40 CFR 116 pursuant to Section
311 of the Federal Water Pollution Control Act Amendments of 1972
(Clean Water Act, Public Law 92-500; 33 U.S.C. § 1251 et
seq.), the New Jersey Spill Compensation and Control Act, N.J.S.A.
58:10-23.11 et seq., or Section 4 of the New Jersey Water Pollution
Control Act, N.J.S.A. 58:10A-4 et seq., including without limitation
petroleum, petroleum products, pesticides, solvents and other substances.
[Added 8-30-2017 by Ord.
No. 17-Code-757]
When referring to a tower or lawful structure shall mean
the distance measured from the lowest finished grade of the parcel
to the highest point on the tower or other structure including the
base pad and any antennas. The height of the tower shall not include
a lightning rod.
[Added 3-21-2001 by Ord.
No. 01-Code-403]
An occupation or profession which is carried on within a
dwelling and which is carried on by a member or members of the family
residing in the dwelling; is clearly incidental and secondary to the
use of the dwelling or residential purposes, occupying not more than
1/3 of the floor area of said dwelling; not more than one person outside
the family shall be employed; and there shall be no exterior display
or storage of materials beyond that permitted by this chapter. Under
this chapter, a "home occupation" or "home professional office" includes,
but is not limited to the following: professional office of a physician,
dentist, lawyer, engineer, architect or accountant; art studio; dressmaking
and tutoring. Uses such as barber and beauty shops, real estate offices,
restaurants, radio and television repair and welding and equipment
repair are not interpreted as "home occupations" or "home professional
offices" under this definition.
[Amended 11-1-1989 by Ord. No. 89-Code-171]
The amount of light falling upon a real or imaginary surface,
often described as "light level." Illuminance is measured in foot
candles or lux.
[Added 9-19-2012 by Ord.
No. 12-Code-664]
That percentage of a lot covered by roofs, pavement, walks,
patios, and other materials so that underlying soils are highly resistant
to infiltration of water.
[Added 7-23-2008 by Ord.
No. 08-Code-572]
A development containing both affordable dwelling units,
as defined in the Fair Housing Act, as amended, and market-rate dwelling
units.
[Added 6-23-2021 by Ord. No. 21-Code-842; amended 9-22-2021 by Ord. No. 21-Code-850; 12-20-2021 by Ord. No. 21-Code-868]
A group of industrial establishments built on one tract that
is planned, developed, owned and managed as an operating unit. The
industrial establishments may be located in one or several buildings,
attached or separated.
Nonprofit public or quasipublic uses, such as churches, schools,
hospitals, lodges, fraternal organizations and the like.
An area of land with or without buildings used primarily
for or occupied for the deposit, collection or storage of used and
discarded materials which, without limitation, includes wastepaper,
rags, scrap metal, used building materials, used plumbing materials,
machinery, vehicles or parts thereof, with or without the dismantling,
and the salvage of or the sale of two or more wrecked or discarded
vehicles. The keeping of any unlicensed motor vehicle in a residential
zone in the Borough of Oakland for one month or more and in any other
zone in the Borough of Oakland for three months or more, unless said
unlicensed motor vehicle is kept in a completely enclosed garage,
shall be deemed as conducting a "junk yard."
A semi-conductor light source that emits light in a specific
direction and generates light efficiently.
[Added 9-19-2012 by Ord.
No. 12-Code-664]
A commercial establishment operating with and in accordance
with a limited brewery license as defined and regulated by N.J.S.A.33:1-10.
Limited breweries are not restaurants.
[Added 10-13-2021 by Ord. No. 21-Code-852]
The area of floors within a dwelling which is finished and in which its related elements, such as walls and ceilings, are finished and which is within rooms in which the electrical wiring has been finished and the permanent heating system has been installed therein, by way of radiators, convectors, baseboard elements, ducts and grills or any other permanent heating fixtures, exclusive of cellars, basements, porches, breezeways, the floor area immediately beneath the roof rafters between the finished ceiling height and less than four feet above the finished floor under a pitched roof or less than seven feet under a flat roof. None of the area of the ground or first floor shall be considered as "livable floor area" unless the entire first floor of said dwelling shall be finished in the manner aforesaid. In the event that the floor area of the first or ground floor meets the aggregate "livable floor area" set forth in § 59-62A, the space on the second floor or second story need not be finished as aforesaid in order to comply with the minimum floor areas as set forth in said § 59-62A. Notwithstanding anything herein to the contrary, the area of the second floor or story shall not be counted as "livable floor area" despite the fact that the same is finished, as aforesaid, unless the second floor or story is connected by a permanent built-in stair area with the floor below.
Any mandatory off-street space required for the loading or
unloading of goods, not less than 15 feet wide, 25 feet long and 14
feet high, and having direct usable access to a street and/or alley,
except that where one such "loading space" has been provided, any
additional loading space lying alongside, contiguous to and not separated
from such first loading space need not be wider than 12 feet.
A designated parcel, portion, tract or area of land, exclusive
of any adjoining street, established by the latest official record
(Borough Tax Map or approved subdivision plat), separated from other
parcels, tracts, areas or portions, to be used, sold, leased, developed
or built upon as a unit.
The total square unit area contained within the lot lines.
The shortest distance between the front lot line and a line
drawn parallel to the front lot line through the midpoint of the rear
lot line.
Any line forming a portion of the exterior boundary of a
lot and is the same line as the street line for that portion of a
lot abutting a street.
The right-of-way line of the street on which a lot fronts
or abuts. The "front lot line" of all corner lots shall be the shorter
of the two abutting street right-of-way lines.
A lot line other than another front line on another street
which is both opposite the front lot line and is the farthest rear
boundary line from the street.
Any lot line not a front line or a rear lot line, including
a lot line of an offset portion of a lot which may be the rear lot
line of an adjacent lot.
The width of the lot measured at right angles to its depth
at the required setback line.
A lot other than a corner lot.
Light that is emitted by or reflected from a surface and
measured in candelas or nits.
[Added 9-19-2012 by Ord.
No. 12-Code-664]
A building in which the principal use of a lot on which it
is situated is conducted.
A home so designed that it can be moved from place to place
on wheels which may be removed so that the home may be used for permanent
occupancy; a home designed to be pulled like a trailer; a trailer
home.
A building or group of buildings, whether detached or in
connected units, designed as individual living and sleeping quarters
with individual exterior entrances to said quarters for hire to transients.
A "motel" includes every type of similar establishment commonly known
as an "auto court" or a "tourist cabin," etc.
An establishment licensed to provide for the on-premises
consumption of alcoholic beverages that is open late into the night
after typical dining hours, in which music is typically provided,
along with space in which dancing occurs. Nightclub menu options are
generally limited in scope. Nightclubs are characterized by having
more than 25% of the floor area is devoted to an entertainment portion
of the business, such as but not limited to a dance floor. Entertainment
offered by a nightclub may include magicians, musicians, comedians
or others. Nightclubs may charge an entrance fee for admittance.
[Added 11-23-2021 by Ord. No. 21-Code-858]
The principal use of land to which the buildings on the lot,
if any, are accessory, such as, but not limited to, an advertising
sign, trailer camp or an open storage yard for materials or equipment,
and on which the buildings, if any, may be used for processing the
materials stored in such yard, for storage of such equipment and materials
generally considered too valuable to be stored in the open or an office
or place of shelter for the keeper of the yard.
A building or structure which, by its design, size, dimension
or location upon a lot, does not conform to the requirements of this
chapter for the zone in which it is located.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this Zoning Article
but fails to conform to the requirements of the zone in which it is
located by reason of such adoption, revision or amendment.
A use of building or land for the care of two or more unrelated
persons who are suffering from an acute or chronic illness other than
mental disorders or who are being treated for or convalescing from
the effects of an injury and surgical or obstetrical treatment who
require nursing care as a result of one or more of the above-mentioned
conditions. The term "nursing home" as used herein does not include
the term "boardinghouse or other home for the sheltered care of adult
persons," as defined by law.
A map adopted by ordinance of the governing body pursuant
to N.J.S.A. 40:55D-32 through 55D-36, showing the location and width
of streets and drainage rights-of-way and the location and extent
of public parks and playgrounds, whether existing or proposed.
A pipeline, whether above or below ground, which transports
or is designed to transport oil or other hazardous substance. As used
herein, a pipeline includes all parts of those physical facilities
through which oil or a hazardous substance moves or is meant to move
in transportation, including pipes, valves, and other appurtenances
attached to pipes, compressor units, pumping stations, metering stations,
regulator stations, delivery stations, emergency response terminals,
holders, breakout tanks, fabricated assemblies, and other surface
pipeline appurtenances.
[Added 8-30-2017 by Ord.
No. 17-Code-757]
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space; provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
A facility without foundation or fixed walls or fixed roof
used for the serving and consumption of food and drink. At least one
entire side of an outdoor dining facility shall be 100% open to the
environment.
[Added 11-23-2021 by Ord. No. 21-Code-858]
An open area, other than a street or other public way, used
for the parking of motor vehicles and available for public use, whether
for a fee or as a service or privilege for clients, customers, suppliers
or residents.
An accommodation for the off-street parking of a motor vehicle,
which space shall have an area of 162 square feet per space, exclusive
of access drives or aisles. Parking spaces shall have a depth dimension
of 18 feet and a width dimension of nine feet measured perpendicular
to the axis of the length with adequate provision for ingress and
egress. Parking spaces reserved for vehicles of people with disabilities
shall be in accordance with the area, depth and width requirements
as established pursuant to the New Jersey Uniform Construction Code
(N.J.A.C. 5:23-7) or the Americans with Disabilities Act, as applicable.
[Amended 9-10-2014 by Ord. No. 14-Code-703]
Any use of land or buildings as permitted by this chapter.
Refers to technology which uses a device, typically a solar
panel, to convert light into electricity.
[Added 5-22-2013 by Ord.
No. 13-Code-685]
The company, entity, or person(s) responsible for the operation,
maintenance and management of an oil and hazardous substance pipeline.
[Added 8-30-2017 by Ord.
No. 17-Code-757]
The company, entity, or person(s) that owns an oil and hazardous
substance pipeline.
[Added 8-30-2017 by Ord.
No. 17-Code-757]
An area with a specified minimum contiguous acreage of 10
acres or more to be developed as a single entity according to a plan,
containing one or more residential clusters or planned unit residential
developments and one or more public, quasi-public, commercial or industrial
areas in such ranges of ratios of nonresidential uses to residential
uses as shall be specified in the Zoning Article.
An area with a specified minimum contiguous acreage of 10
acres or more to be developed as a single entity according to a plan
containing one or more residential clusters, which may include appropriate
commercial or public or quasi-public uses, all primarily for the benefit
of the residential development.
Any tower or antenna for which a building permit has been
properly issued prior to the effective date of this section, including
permitted towers or antennas that have not yet been constructed so
long as such approval is current and not expired.
[Added 3-21-2001 by Ord.
No. 01-Code-403]
A professional use which is customarily carried on as an
accessory use on a residential lot by one or more members of the family
who are members of a recognized profession, such as law, medicine,
engineering, the ministry and architecture, residing on the premises
and which:
Shall be carried on wholly within a completely enclosed building.
In the activity, an area equal to not more than 1/2 of the area
of the ground floor of the principal building shall be used.
In the conduct of said activity, not more than one person, other
than members of the family residing upon the premises, shall be employed.
In the course of such activity, no exterior sign or display
shall be allowed except as permitted by this chapter.
A lot or land or part thereof used for the purpose of extracting
minerals, stone, sand, gravel or topsoil.
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or open
public space area as an appurtenance.
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
An establishment where food and drink are prepared, served,
and consumed, primarily but not exclusively, within the principal
building. A nightclub is not a restaurant.
[Added 11-23-2021 by Ord. No. 21-Code-858]
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law; or the alteration of any streets within any subdivision
or the establishment of any new streets within any subdivision previously
made and approved or recorded according to law, but does not include
conveyances so as to combine existing lots by deed or other instruments.
The total width and length of the course of property along
a street, watercourse, utility alignment or other way and within which
all improvements and rights of access are confined.
The "setback" of a building from a particular lot line is
the horizontal distance from such lot line to the part of the building
nearest such lot line.
One or more buildings or parts thereof designed as a unit,
to be occupied by one or more separate business enterprises for the
conduct of a business and conducted as an integrated and cohesively
planned area development.
Any device, structure or object for visual communication
that is used for the purpose of bringing the subject thereof to the
attention of others, but not including any flag, badge or insignia
of any public, quasi-public, civic, charitable or religious group.
The area defined by the shortest lines drawn around the outside
perimeter of a sign, including all decorations, but excluding supports,
if any, unless said supports are illuminated. In computing the area
of a sign, the area of all faces of such sign shall be included. A
neon tube, a string of incandescent lights or similar device outline
any part of a building or hung upon any part of a building or lot
shall be deemed to have a minimum dimension of one foot.[1]
A sign whose illumination is derived entirely from an external
artificial source.
[Added 9-19-2012 by Ord.
No. 12-Code-664]
A sign whose illumination is derived from incandescent, LED,
fluorescent devices that are shielded from view by opaque or translucent
materials and include reflected lighting.
[Added 9-19-2012 by Ord.
No. 12-Code-664]
A sign which changes message or copy electronically or by
the movement or rotation of panels or slats.
[Added 8-22-2018 by Ord.
No. 18-Code-772]
Any sign that does not meet the definition of an on-premises
sign or is not identified in N.J.A.C. 16:41C-1.2(c).
[Added 8-22-2018 by Ord.
No. 18-Code-772]
A sign that identifies the proper name of the business or
place where the sign is located or which identifies an actual bona
fide and principal activity, product or service, or event that is
conducted, available, offered, or produced on the property where the
sign is located, including a sign that exclusively advertises the
sale or lease of the property on which the sign is located. The storage
of supplies or materials on the property does not indicate of itself
an actual bona fide and principal activity, product, or use of the
property. When a sign consists principally of a brand name or trade
name advertising and the product or service advertised is only incidental
to the principal activity, or when it brings any compensation to the
property owner or to the owner of the sign, the sign shall be considered
an off-premises sign used for the purpose of the business of outdoor
advertising.
[Added 8-22-2018 by Ord.
No. 18-Code-772]
A sign that has one or more of the following elements in
its physical structure:
[Added 9-19-2012 by Ord.
No. 12-Code-664; amended 8-22-2018 by Ord. No. 18-Code-772]
Automatically changing advertising that changes more often than
once every five minutes (not including date, time, temperature and
weather information);
Blinking, rotating, moving, chasing, flashing, glaring, strobe,
scintillating or spotlights, or similar devices;
Lights or colored elements creating a continuously moving, shimmering,
or prismatic effect; or
Rotating or moving parts.
A sign which does not change its message or copy automatically,
such as by electronic or mechanical means.
[Added 8-22-2018 by Ord.
No. 18-Code-772]
A sign in place for 90 days or less which may be constructed
of material of nonpermanent nature, such as paper, canvas or nondurable
plastic. A sign of any political, educational, charitable, philanthropic,
civic or religious campaign, drive or event, not more than six square
feet in area, which may be two-sided, shall be permitted, provided
that such signs are not illuminated and are placed with the property
owner's consent and comply with all applicable provisions of this
chapter. The posting of such signs on fire hydrants, public telephone
booths, utility poles or similar public fixtures is expressly prohibited.
A sign displayed inside the window of a business establishment, to
be constructed of a nonpermanent material, shall be permitted, provided
that it does not obstruct more than 30% of the window area and is
not illuminated.
A group of multiple solar panels connected together to provide
a single electrical output.
[Added 5-22-2013 by Ord.
No. 13-Code-685]
Energy from the sun that is converted into thermal or electrical
energy.
[Added 5-22-2013 by Ord.
No. 13-Code-685]
All associated equipment which converts solar energy into
usable electrical energy, heats water, or produces hot air or other
similar function.
[Added 5-22-2013 by Ord.
No. 13-Code-685]
A structure containing one or more receptive cells, the purpose
of which is to convert solar energy into usable electrical energy
by way of a solar energy system.
[Added 5-22-2013 by Ord.
No. 13-Code-685]
Man-made trees, clock towers, bell steeples, light poles
and similar alternative design mounting structures that camouflage
or conceal the presence of antennas or towers.
[Added 3-21-2001 by Ord.
No. 01-Code-403]
That part of a building between the surface of any floor
and the next floor above it or, in its absence, then the finished
ceiling or roof above it. A split level story shall be considered
a second "story" if its floor level is six feet or more above the
level of the line of the finished floor next below it. Any floor under
a sloping roof at the top of a building which is more than two feet
below the top place shall be counted as a "story," and if less than
two feet below the top plate, it shall be counted as a half story.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway;
which is shown upon a plat heretofore approved pursuant to law; which
is approved by official action as provided by this chapter; or which
is shown on a plat duly filed and recorded in the office of the County
Recording Officer prior to the appointment of a Planning Board and
the grant to such Board of the power to review plats; and includes
the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
The street line is that line determining the limit of the
street or highway right of the public, either existing or contemplated.
Where a definition right-of-way width has not been established, the
"street line" shall be assumed to be a point 25 feet from the center
line of the existing street.
Any combination of materials forming any construction, the
use of which requires location on the ground or attachment to something
having location on the ground and including, among other things, display
stands, platforms, pools, flagpoles, standpipes, tanks and towers
of any kind. The term "structure" shall include the term "building."
Facilities constructed above or below ground having a depth
of more than two feet and/or a water surface of 100 square feet or
more and designed and maintained for swimming purposes. "Swimming
pools" shall include all buildings, structures, equipment and appurtenances
thereto.
A swimming pool located as an accessory use to a residence
for use by members of the residence and guests.
"Wading pools" shall mean and include artificially constructed
pools not designed or used for swimming and having a maximum water
depth of two feet.
See "motel."
A dwelling unit in which sleeping accommodations for more
than three and less than 10 persons are hired out for transient occupancy
used primarily for overnight use by automobile travelers.
A residential building constructed to contain three and only
three dwelling units, each dwelling containing separate and independent
living, sleeping, cooking and sanitary facilities. Access to individual
dwellings in a triplex building shall be directly from the exterior
or from a common hallway.
[Added 5-9-2012 by Ord.
No. 12-Code-662]
The principal purpose for which a lot or the principal building
thereon is designed, occupied, maintained or intended to be used.
A single structure having two faces in the shape of the letter
"V" when viewed from above, with the faces oriented in opposite directions.
[Added 8-22-2018 by Ord.
No. 18-Code-772]
All the structures or uses serving the wireless telecommunications
site such as towers, equipment sheds, telecommunications antennas
and fences.
[Added 3-21-2001 by Ord.
No. 01-Code-403]
The enclosed area in which a tower and its appurtenances
are located.
[Added 3-21-2001 by Ord.
No. 01-Code-403]
A freestanding or guyed, vertical structure designed to support
one or more wireless telecommunications antennas. This definition
shall not apply to amateur or ham radio towers.
[Added 3-21-2001 by Ord.
No. 01-Code-403]
A required unobstructed open space lying between a building
or outer building of a group and the nearest lot line.
FRONT YARDAn open unoccupied space, unless occupied by a use as hereinafter specifically permitted, extending across the full width of the lot and lying between the street right-of-way and the nearest line of the principal building.
SIDE YARDAn open unoccupied space, unless occupied by a use as hereinafter specifically permitted, on the same lot with the principal building between the principal building and the side lot line, extending from the front yard to the rear yard.
REAR YARDA space unoccupied except by an accessory building or use as hereinafter permitted, specifically extending across the full width of the lot between the rear line of any building, other than an accessory building, and the rear lot line.
The individual who shall be, from time to time, charged by
the Mayor and Council with the enforcement of the zoning regulations
of the Borough of Oakland and, unless otherwise designated, shall
be the Building Subcode Official of the Borough of Oakland.
A document signed by the administrative officer which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and which acknowledges that such use, structure or building complies with the provisions of the Borough Zoning Article or variance therefrom duly authorized pursuant to Article V of this chapter.
[1]
Editor's Note: The former definition of "sign, commercial,"
which immediately followed this definition, was repealed 8-22-2018
by Ord. No. 18-Code-772.
A.
Conformance required. No building, structure or land shall hereafter
be used or occupied and no building or structure or part thereof shall
hereafter be erected, constructed, reconstructed, moved or structurally
altered unless in conformity with all the regulations herein specified
for the district in which it is located.
B.
Unsafe buildings. Nothing in this chapter shall prevent the strengthening
or restoring to a safe and lawful condition of any building declared
unsafe or unlawful by the Building Inspector, the Chief of the Fire
Department or other duly authorized borough officials.
C.
Soil mining prohibited; exception. Nothing here shall be construed
as permitting, in any zone, soil mining operation, except as permitted
by the applicable ordinances of the Borough of Oakland.
D.
(Reserved)
[Repealed 11-1-1989 by Ord. No. 89-Code-171]
E.
Yard provisions. No yard or other open space required for any building
for the purpose of complying with the provisions of this chapter shall
be considered as providing a yard or open space for any other building,
and no yard or other open space on one lot shall be considered as
providing a yard or open space for a building on any other lot.
F.
Subdivision of occupied lots. Where a lot is formed from part of
a lot already occupied by a building, such separation shall be effected
in such a manner as not to violate any of the requirements of this
chapter with respect to the existing building and all yards and other
open spaces required therefor, and no permit shall be issued for the
election of a building on the new lot thus formed unless the subdivision
complies with all the provisions of all ordinances of the Borough
of Oakland.
G.
Walls in yard in business zone. In the B-1, B-2 and B-3 Business
Zones, no fence of any type, no wall other than a building wall as
part of a building structure and no posts or cables shall be constructed,
erected or maintained in any yard of any premises other than a rear
yard of such premises or as otherwise permitted in the ordinances
of the Borough of Oakland.
[Amended 12-17-1980 by Ord. No. 80-Code-912]
H.
General use restriction. Any use not specifically designated as a
principal permitted use, an accessory use or a conditional use is
specifically prohibited in any zoning district in the Borough of Oakland.
[Added 8-8-1995 by Ord.
No. 95-298]
I.
Oil and Hazardous Substance Pipelines.
[Added 1-27-2016 by Ord.
No. 16-Code-728; amended 8-30-2017 by Ord. No. 17-Code-757]
(1)
Applicability. The provisions in this section apply to all oil and
hazardous substance pipelines proposed for construction and siting
within the Borough of Oakland. To the extent any regulations within
this section conflict with State or Federal regulations or laws regulating
oil and hazardous substance pipelines, those State or Federal regulations
and laws shall take precedence over this section.
(2)
Uses. Oil and hazardous substance pipelines that are not providing
services to the public as end users and are not regulated by the New
Jersey Board of Public Utilities are prohibited in all residential
zones and districts within the Borough of Oakland and shall constitute
conditional uses in all other zones and districts within Borough of
Oakland subject to the provisions of this section.
(3)
Development and Construction of Oil and Hazardous Substance Pipelines.
The following requirements and standards shall apply for the development
and construction of any oil or hazardous substance pipeline within
the Borough of Oakland:
(a)
Application and approvals. A resolution of approval by the Borough
of Oakland Planning Board shall be required prior to the construction
of any oil and hazardous substance pipeline within the Borough of
Oakland. An original development application-site plan for a pipeline
approval and permit shall be submitted to the Borough of Oakland Planning
Board Secretary with a copy submitted to the Borough Engineer. Such
application shall include:
[1]
Twenty sets of plans showing the dimensions, valving frequency,
and proposed construction and siting of the oil and hazardous substance
pipeline, related appurtenances and facilities;
[2]
Detailed cross-section drawings for all proposed pipeline public
street right-of-way, closings and easements, wetlands and New Jersey
open waters crossings;
[3]
A flow diagram showing the daily design capacity of the proposed
oil and hazardous substance pipeline;
[4]
A description of any changes in flow in the oil and hazardous
substance pipeline once in operation;
[5]
The proposed maximum operating pressure, in pounds per square
inch gauge (psig) at all points of change in elevation greater than
500 feet, or every 500 feet in length as a minimum; and
[6]
Diagrams and descriptions of all pipeline monitoring facilities
and shut off/flow control valves proposed to be located in or closest
to the municipality.
(b)
Required Setbacks. To promote the public health, safety, and
general welfare and to mitigate the aesthetic and environmental impacts
of the oil and hazardous substance pipeline and to minimize the potential
damage or interruption to essential public facilities by the oil and
hazardous substance pipeline, the construction and siting of the oil
and hazardous substance pipeline in Borough of Oakland shall be subject
to the following setbacks:
[1]
100-Foot Setbacks. Except as otherwise
set forth in this section, oil and hazardous substance pipelines shall
not be constructed and sited closer than 100 feet from:
i
Any wetlands;
ii
Any year-round naturally occurring creek, stream, river, private
or public well, or pond, unless approved by the Borough of Oakland
Engineer as part of the pipeline permit and approval process where
adequate mitigation measures have been demonstrated by the applicant;
or
iii
Any property in a business district or where a
business is located.
[2]
150-Foot Setbacks. Except as otherwise set forth in this section,
oil and hazardous substance pipelines shall not be sited closer than
150 feet from any residential property, zone or district on level
grade.
[3]
250-Foot Setbacks. Except as otherwise set forth in this section,
oil and hazardous substance pipelines shall not be constructed and
sited closer than 250 feet from any residential property, zone or
district where the residential property, zone or district is located
downhill from the pipeline at a grade equal to or greater than 5%,
except that no oil and hazardous substance pipelines shall be located
on slopes of a grade equal to or greater than 15%.
[4]
1,000-Foot Setbacks. Except as otherwise set forth in this section,
oil and hazardous substance pipelines shall not be constructed and
sited closer than 1,000 feet from any critical land use lot or essential
public facilities structure.
(c)
Submittal of Additional Information. If requested by the Borough
of Oakland Engineer, preliminary as-built information, including,
without limitation, as-built drawings, a copy of GIS shapefiles of
the pipeline and its related appurtenances and facilities within the
Municipality, and any additional requested information about the oil
and hazardous substance pipeline shall be filed 90 days before the
date the pipeline is proposed to become operational with the Borough
of Oakland Engineer. Updated as-built information, including, without
limitation, as-built drawings, a copy of GIS shapefiles of the oil
and hazardous substance pipeline and its related appurtenances and
facilities within the Municipality, and any additional information
requested by the Borough of Oakland Engineer about the pipeline shall
be filed within 60 days after the oil and hazardous substance pipeline
has become operational with the Borough of Oakland Engineer.
(d)
Construction. The Pipeline Owner and Pipeline Operator shall
give notice 48 hours prior to the proposed start date of construction
of the oil and hazardous substance pipeline to all affected residents,
businesses (including agricultural businesses) and to the Borough
of Oakland Engineer and Police Department. Private property owners
and business owners shall have access to their properties at all times
during pipeline construction.
(4)
Emergency Preparedness Plan. Sixty days prior to the first date of
operation of the oil and hazardous substance pipeline, the pipeline
owner and pipeline operator shall meet with the Borough of Oakland
Police Department and Engineer and submit to them an emergency preparedness
plan ("EMP") for any and all emergencies that may result in an accidental
leak or failure incident regarding the pipeline and its related appurtenances
and facilities. The EMP shall cover the requirements stated in 49
CFR 195.402 and 195.403 and shall identify a responsible local emergency
response official and a direct twenty-four-hour emergency phone number.
No oil and hazardous substance pipeline shall become operational,
nor shall any oil and hazardous substance be introduced into the oil
and hazardous substance pipeline prior to the pipeline owner and pipeline
operator receiving the prior written approval of the EMP by the Borough
of Oakland Engineer and Chief of Police.
(5)
Insurance. No pipeline owner or pipeline operator shall operate any
oil and hazardous substance pipeline or introduce any oil or hazardous
substance into an oil and hazardous substance pipeline without first
obtaining insurance policies covering general liability, environmental
incidents and contamination, and property damage in an aggregate amount
to be determined by the Borough of Oakland based upon reasonable estimates
of potential liability and property damage that would result from
a leak, spill or other failure of the oil and hazardous substance
pipeline. Prior to the first operation of the oil and hazardous substance
pipeline and every year in which the oil and hazardous substance pipeline
is in operation thereafter, the pipeline owner or pipeline operator
shall submit insurance coverage certificates and endorsements to the
Borough of Oakland adding the Borough of Oakland as an additional
named insured on the insurance policies, demonstrating that the required
policies and levels of insurance have been obtained.
(6)
Indemnification and Hold Harmless. Prior to the first operation of
the oil and hazardous substance pipeline, the pipeline owner and pipeline
operator shall both agree in writing to indemnify and hold harmless
the Borough of Oakland, as well as its officers, officials, supervisors,
employees, agents, contractors, and assigns, from any and all liability
relating to or arising from the oil and hazardous substance pipeline,
including, but not limited to, any failure, leak, spill, contamination,
cleanup, remediation, property damage, and personal injury from and
related to such pipeline. The indemnification and hold harmless agreement
shall include a provision for the payment of Oakland's reasonable
attorneys' fees and litigation costs.
(7)
Easements. Any easements or rights-of-way obtained by the pipeline
owner or pipeline operator for the oil and hazardous substance pipeline
shall be recorded by the pipeline owner or pipeline operator in the
office of the County Clerk.
(8)
Marking. The pipeline owner or pipeline operator shall install and
maintain markers to identify the location of the oil and hazardous
substance pipeline in accordance with all applicable Federal and State
requirements.
(9)
Pipeline Failure and Remediation. In the event that a leak, spill,
or failure has occurred with the oil and hazardous substance pipeline,
the pipeline owner and pipeline operator shall notify the Borough
of Oakland Engineer, the Borough of Oakland Police Department, and
all property owners within 1,000 feet of the affected pipeline area
within one hour of discovery of the leak, spill or failure. The pipeline
owner and pipeline operator shall cooperate with Borough of Oakland
officials and make every effort to respond as soon as possible to
protect the public's health, safety, and welfare. All leak or spill
remediation plans shall be made in consultation with the Borough of
Oakland, and no remediation may be deemed complete without final approval
thereof by the Borough of Oakland. In the event that the oil and hazardous
substance pipeline is shut down due to a leak, spill, or failure,
the pipeline owner and pipeline operator shall not restart the pipeline
without the written approval of the Borough of Oakland Engineer.
(10)
Repairs or Maintenance. Following any repair(s) or maintenance
of an oil and hazardous substance pipeline, any areas disturbed by
such repair(s) or maintenance shall be revegetated and restored in
accordance with the applicable provisions of the Borough Ordinances
at the pipeline owner's and pipeline operator's sole cost and expense.
J.
Outdoor dining associated with restaurants.
[Added 10-24-2018 by Ord.
No. 18-Code-767; amended 6-23-2021 by Ord. No. 21-Code-828; 11-23-2021 by Ord. No. 21-Code-858]
(1)
Only in those zones wherein restaurants are a permitted use, the
following provisions shall govern outdoor dining facilities:
(a)
Outdoor dining facilities associated with and on the same lot
as a restaurant are a permitted accessory use, but only in those zones
where restaurants are a permitted principal use.
(b)
Restaurants previously granted site plan approval for outdoor
dining facilities and/or seating continue to be regulated pursuant
to the earlier site plan approval, therefore restaurants that previously
secured site plan approval for outdoor dining are exempt for these
regulations. Any changes to the previously approved outdoor dining
site plan approval are required to comply with these regulations.
(c)
Every restaurant in a zone where restaurants are a permitted
use may establish outdoor dining facilities on the lot on which the
restaurant is located upon receipt of an Outdoor Dining Facility License
by the Borough. An Outdoor Dining Facility License is issued to the
owner, does not need to be renewed annually and terminates with the
sale of the restaurant or real property. Every outdoor dining facility
at all times shall comply with and be maintained in accordance with
the following conditions and limitations:
[1]
Restaurants complying with each of the following provisions
may seek approval of outdoor dining facilities through application
to the Zoning Official. When compliance with these requirements is
proposed, Planning Board approval of outdoor dining facilities shall
not be required.
[2]
Restaurants approved for outdoor dining facilities shall on
a one-for-one basis remove an existing interior seat for each proposed
outdoor seat so the total number of seats on the restaurant property
does not and will not exceed what was existing prior to the introduction
of outdoor seating.
[3]
There is no parking requirement associated with outdoor dining
facilities or seating. The existing number of parking spaces prior
to the introduction of outdoor dining facilities shall be deemed sufficient
for both interior and exterior seating quantities.
[4]
Outdoor dining facilities shall be located so compliance with
all setback requirements for buildings as established for the applicable
zone is achieved.
[5]
Unroofed outdoor dining facilities shall not contribute to the
existing restaurant's building coverage.
[6]
Outdoor dining facilities located in or directly adjacent to
a drive aisle or parking area shall provide barriers around the perimeter
of the outdoor dining facility to adequately protect customers and
staff within the outdoor dining facility from vehicle strikes.
[7]
Outdoor dining facilities shall be permitted to install, consistent
with all applicable provisions of the international building code,
lighting, portable heating and cooling equipment and equipment to
provide music. Amplified music shall be extinguished at 10:00 p.m.,
inclusive of both Friday and Saturday.
[8]
Prior to establishing an outdoor dining facility, the restaurant
operator must file the appropriate application form to the Zoning
Official along with a to-scale sketch depicting property lines, restaurant
building, proposed outdoor seating facilities and associated site
features including but not limited to parking and all equipment and
apparatus to be used in connection with its operation. The Zoning
Official shall collect an outdoor dining facility application fee
prior to issuing a license. Outdoor dining facilities of 50 and fewer
seats shall pay a fee of $325. Outdoor dining facilities with more
than 50 seats shall pay a fee of $500.
[9]
Upon receipt of an executed application form and sketch, the
municipal official shall distribute same to the Borough Engineer,
Police, Fire, Health and Fire Prevention Departments for review and
comment by these departments. Said reviews shall be completed within
15 business days. Upon receipt of departmental comments, and the appropriate
fee the Zoning Official shall issue the outdoor dinning facility approval
which may be conditioned on compliance with departmental comments
and the further compliance with all provisions of this ordinance.
An escrow fee, not to exceed $750, shall be collected by the Zoning
Official prior to commencement of the license review.
[10]
A copy of the Outdoor Dining Facility License shall be conspicuous
displayed on the premises containing the Outdoor Dining Facility.
K.
Wireless facilities in the right-of-way. Notwithstanding anything else in Chapter 59 of the Code of the Borough of Oakland, the installation of antennas, small cells and other communication devices and associated equipment in the public municipal roadway, either on existing or new poles, are permitted if a right-of-way use agreement and right-of-way permits are obtained under Chapter 12, § 12-1, Street Construction, Subsection 12-1.35, Communication Facilities Right-of-Way Permits.
[Added 6-23-2021 by Ord. No. 21-Code-830]
L.
Every new development that creates or generates five or more new
residential units shall deed restrict at least 20% of the total number
of housing units in the development as housing restricted to and affordable
by low-and moderate-income households as these terms are defined in
N.J.A.C. 5:93. This requirement is un-waivable. Any effort on the
part of a developer to produce less than a 20% affordable housing
setaside for future developments not in the Settlement Agreement or
Fair Share Plan is contrary to the public good and is a prima facie
basis for the reviewing board to deny the development application
in full.
All such affordable housing generated pursuant to this provision
shall fully comply with Oakland’s Affordable Housing Ordinance
and the Uniform Housing Affordability Controls rules (N.J.A.C. 5:80-26.1
et seq.) with the understanding that 13% of all affordable units within
each bedroom configuration must be restricted to households no more
than 30% of the regional median income
This provision does not give any developer the right to any
rezoning, variance or other relief, or establish any obligation on
the part of Oakland or its Boards or agencies to grant such rezoning,
variance or other relief such as a designation that an area is in
need of redevelopment to a developer.
[Added 6-23-2021 by Ord.
No. 21-Code-840; amended 12-20-2021 by Ord. No. 21-Code-865]
M.
The keeping
of boarders or roomers and/or operation of a boardinghouse or rooming
house is hereby prohibited in any and all zones.
[Added 6-14-2023 by Ord. No. 23-Code-906]
N.
Rental of dwelling units. No house, dwelling, building, dwelling unit, structure or enclosure or any part of the same which is located in any residential district shall be used or permitted to be used or be rented for use as living quarters, sleeping quarters or for living purposes by or to any society, club, fraternity, sorority, association, lodge, commune or similar group, or other collection of persons who do not qualify as a family as defined in § 59-44 of this chapter. This restriction shall not apply to hotels, motels or other places of public accommodation which are duly licensed by the Borough and/or the State of New Jersey or to convents, rectories or parish houses utilized in conjunction with any house of worship.
[Added 6-14-2023 by Ord. No. 23-Code-906]
A.
Purpose. For the purpose of lessening congestion in the streets, securing safety from fire and other damages, promoting health, morals and the general welfare, providing adequate light and air, preventing the overcrowding of land and property, avoiding undue concentration of the population, conserving the value of property and encouraging the most appropriate use of land throughout the municipality, the Borough of Oakland, in the County of Bergen, is hereby divided into the following classes of zones, in accordance with the Zoning Map hereinafter adopted and referred to in § 59-46B here:
[Amended 12-17-1980 by Ord. No. 80-Code-912; 9-21-1983 by Ord. No. 88-Code-990; 2-18-1981 by Ord. No. 80-Code-910; 11-1-1989 by Ord. No. 89-Code-171; 10-25-1995 by Ord.
No. 95-Code-3008-16-2023 by Ord. No. 23-Code-924; 10-25-2023 by Ord. No. 23-Code-930]
|
RA-1
|
Single-Family Residence
|
|
RA-2
|
Single-Family Residence
|
|
RA-3
|
Single-Family Residence
|
|
RA-MD
|
Multiple-Family Residence
|
|
RA-MD-1
|
Multiple-Family Residence
|
|
RA-C
|
Cluster Single-Family Residence
|
|
RC
|
Residential Cluster
|
|
RA-1A
|
Single Family Residence/Life Care Facility as a Conditional
Use
|
|
B-2
|
Local Business
|
|
B-3
|
Neighborhood Business
|
|
1-1
|
Industrial
|
|
1-3
|
Industrial/Office
|
|
I-P
|
Industrial Park
|
|
CO
|
Corporation Office
|
|
I-4 Industrial Zone
|
Industrial Zone
[Amended 12-20-2021 by Ord. No. 21-Code-863][1] |
|
C
|
Conservation
|
|
RPP
|
Recreation/Public Purpose
|
|
PO
|
Professional Office
|
|
AH
|
Affordable Housing
|
|
RA-2
|
Affordable Housing (RA-2AH)
[Added 5-9-2012 by Ord.
No. 12-Code-662] |
|
DT-I
|
Downtown District
[Added 9-19-2012 by Ord.
No. 12-Code-672; amended 8-16-2023 by Ord. No. 23-Code-925] |
|
DT-II
|
Downtown II Zone
[Added 9-19-2012 by Ord.
No. 12-Code-673; amended 8-16-2023 by Ord. No. 23-Code-926] |
|
RA-3AH
|
Affordable Housing
[Added 6-23-2021 by Ord. No. 21-Code-837] |
|
RA-4AH
|
Affordable Housing
[Added 6-23-2021 by Ord. No. 21-Code-838 |
|
RA-5AH
|
Affordable Housing
[Added 6-23-2021 by Ord. No. 21-Code-839] |
|
SAHD
|
Senior Affordable Housing District
[Added 6-23-2021 by Ord. No. 21-Code-841] |
|
DT-I AHO
|
Downtown-I Affordable Housing Overlay
[Added 6-23-2021 by Ord. No. 21-Code-842; amended 9-22-2021 by Ord. No. 21-Code-850; 12-20-2021 by Ord. No. 21-Code-868; 8-16-2023 by Ord. No. 23-Code-927] |
|
DT-II AHO
|
Downtown-II Affordable Housing Overlay
[Added 6-23-2021 by Ord. No. 21-Code-842; amended 9-22-2021 by Ord. No. 21-Code-850; 12-20-2021 by Ord. No. 21-Code-868; 8-16-2023 by Ord. No. 23-Code-927] |
[1]
Editor's Note: The CO-IP Corporate Office, Industrial Park,
was replaced by the I-4 Industrial Zone by Ord. No. 21-Code-863.
B.
Zoning Map. The location and boundaries of the zoning districts are
shown on the Zoning Map of the Borough of Oakland, Bergen County,
New Jersey, dated May 1976, revised March 1978, such map to be a part
of this chapter, duly certified and filed in the offices of the Borough
Clerk and Building Inspector. Changes and amendments to the Zoning
District boundaries shall be entered on said map and a record of such
amendment noted thereon. [Zoning Map Amendments: 12-17-1987 by Ord.
No. 86-Code-74; 8-20-1987 by Ord. No. 86-Code-66; 9-13-1987 by Ord.
No. 87-Code-92; 12-16-1987 by Ord. No. 87-Code-99; 4-66-1988 by Ord.
No. 88-Code-109; 7-13-1988 by Ord. No. 88-Code-125; 11-1-1989 by Ord.
No. 89-Code-171; 3-21-1990 by Ord. No. 90-Code-192; 11-8-1995 by Ord.
No. 95-Code-305; 11-20-2001 by Ord. No. 01-407; 11-20-2001 by Ord.
No. 01-416; 7-11-2007 by Ord. No. 07-Code-556; 10-24-2007 by Ord.
No. 07-Code-560; 5-9-2012 by Ord. No. 12-Code-662; 9-19-2012 by Ord.
No. 12-Code-772; 9-19-2012 by Ord. No. 12-Code-773; 6-23-2021 by Ord. No. 21-Code-837; 6-23-2021 by Ord. No. 21-Code-838; 6-23-2021 by Ord. No. 21-Code-839; 6-23-2021 by Ord. No. 21-Code-841; 6-23-2021 by Ord. No. 21-Code-842; 9-22-2021 by Ord. No. 21-Code-850; 12-20-2021 by Ord. No. 21-Code-863; 12-20-2021 by Ord. No. 21-Code-868; 8-16-2023 by Ord. No. 23-Code-924; 8-16-2023 by Ord. No. 23-Code-925; 8-16-2023 by Ord. No. 23-Code-926; 8-16-2023 by Ord. No. 23-Code-927; 10-25-2023 by Ord. No. 23-Code-930]
(1)
All
properties within the Downtown-II District shall also be included
in the Downtown-II Affordable Housing Overlay.
C.
Interpretation of zone boundaries. Where any uncertainty exists with
respect to the boundary of any zone as shown on the Zoning Map, the
following rules shall apply:
(1)
Where a boundary is indicated as a highway, street, alley, railroad,
watercourse or borough boundary, it shall be construed to be the center
line thereof or such borough boundary.
(2)
Where a boundary is indicated as approximately parallel to a highway,
street, alley, railroad, watercourse or borough boundary, it shall
be construed as parallel thereto and at such distance from the center
line thereof as shown on the Zoning Map.
(3)
If no dimension is given on the Zoning Map, the location of any boundary
shall be determined as follows:
(4)
Where a boundary divides a lot of record, zoning district regulations
governing either portion of the severed lot may be extended not more
than 30 feet into the adjoining district.
(5)
The Planning Board shall resolve all boundary questions not covered
herein.
A.
Adoption of schedule. The schedule entitled "Schedule Limiting Lot
and Yard Sizes of Bulk Principal Building and Use: Required Yards
Subject to All Notations" is hereby adopted and shall be considered
a part of this chapter. The regulations listed in said schedule for
each zone are hereby adopted and prescribed for such zone and, unless
otherwise indicated, shall be deemed to be the minimum requirements
in every instance of their application.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
B.
Compliance to schedule. No principal building shall hereafter be
erected nor shall any existing principal building be structurally
altered, enlarged, rebuilt or moved, nor shall any open space contiguous
to any building be encroached upon or reduced in any manner, except
in conformity with the yard, lot width and area, building location,
percentage of lot coverage by building area, minimum livable floor
area and other space and area regulations designated and set forth
in said schedule for the zone in which such principal building or
space is located, subject to such modifications thereof and such general
provisions as are set forth in said schedule.[2]
[Amended 6-26-2013 by Ord. No. 13-Code-688]
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.
C.
Height limitations.
(1)
No building shall hereafter be erected, reconstructed or structurally altered to exceed in height the limit designated in said schedule for the zone in which said building or structure is located, except the height limitations set forth in this chapter shall not apply to church spires; belfries; cupolas; penthouses; or roof structures for the housing of elevators, ventilating fans, air-condition equipment or similar equipment required to operate or maintain the building; utility poles; flagpoles; off-premises signs; television or radio antennas or aerials; CATV antennas; water storage towers and tanks; chimneys and smokestacks; stand pipes; fire and parapet walls; similar features; and necessary mechanical appurtenances usually carried above the roof level and with regard to off-premises sign, no such sign shall exceed the height limitation listed in § 59-65.1. Such features, however, shall be erected only to such height as is necessary to accomplish the purposes they are to serve. Nothing in this provision shall be deemed to permit on-premises signs of any kind to exceed the height limits for any district as prescribed in this chapter.
[Amended 8-22-2018 by Ord. No. 18-Code-772]
(2)
Public and quasi-public buildings. Public buildings, churches and
church schools may exceed the height limitations of this chapter,
provided that the minimum front, rear and side yards shall be increased
one foot for each foot by which such building exceeds the height limits
herein established for such district in which such building is erected;
provided, further, that in no case shall any such building have a
height exceeding 50 feet.
D.
Projections into required open spaces. All yards and courts required
under this chapter shall be entirely free of buildings and structures
or parts thereof and shall be open to the sky and unobstructed, except
for the following:
(1)
All accessory buildings and structures hereafter erected or altered
on interior lots shall comply with the regulations as set forth in
Schedule B: Accessory Buildings on Inside Lots. All accessory buildings
and structures hereafter erected or altered on corner lots shall comply
with the regulations as set forth in Schedule C: Accessory Buildings
on Corner Lots.[3]
[Amended 6-26-2013 by Ord. No. 13-Code-688]
[3]
Editor's Note: Said schedules are included as an attachment to this chapter.
(2)
Cornices and eaves. Cornices and eaves may project no more than two
feet into any required yard or court.
(3)
Ornamental features, balconies, etc. Sills, leaders, belt courses
and similar ornamental or structural features may project six inches
into any required yard or court. Any open fire balcony or fire escape
may project into a required yard not more than four feet.
(4)
Bay windows, porches, etc. Ground-story bay windows, oriels or balconies,
and one-story open porches or porte cocheres may project not more
than three feet into any minimum required rear yard. Such projections
shall only be permitted where the side yard is at least 10 feet in
width, and in no case shall such projection project more than three
feet into a minimum required side yard, as established in this subsection
for projections.
(5)
Chimney, shaft, etc. A chimney, smoke stack, flue or elevator shaft
may project into any required yard or court, provided that the horizontal
section of the projection does not exceed eight square feet in any
residential zone or nine square feet in any business zone.
(6)
Walls, fences, steps, etc. The requirements of this chapter respecting
yards and courts shall not apply to any necessary retaining wall or
steps, nor to any fence or wall which is less than four feet high,
except that the erection of an eight-foot-high fence with barbed wire
capping is permitted in the 1-1 Zone.
(7)
Swimming pools shall be constructed behind the front setback line
and not closer than 10 feet from either side of property line or a
building on the subject property upon which the pool is to be installed,
or five feet from the rear property line. The surface area of a pool
shall not exceed 50% of the yard in which said pool is to be installed.
[Added 6-26-2013 by Ord.
No. 13-Code-688]
E.
Fences.
[Added 6-21-2000 by Ord.
No. 00-Code-380]
(1)
Fences may be in the front yard, provided that they shall not exceed
four feet in height measured from the ground level and shall be constructed
so that at least 50% of the fence is open. The following shall also
apply to fences which are constructed in a front yard:
(a)
No fence shall be constructed in the front yard which would
impede the vision and safe ingress and egress from driveways and at
intersections. The criteria set forth in this subparagraph (a) shall
be applicable for corner lots as well.
(2)
No fence shall be constructed in the yard of a dwelling within 10
feet of the roadway to allow access to utilities and for snow plowing
purposes.
(3)
In residential districts, fences located in other than a required
front yard shall not exceed six feet in height measured from the ground
levels. Any fence in excess of six feet, such as that around a tennis
court, shall require a variance and shall meet the minimum side and
rear yard requirements for accessory buildings. In nonresidential
districts, open wire fences not exceeding eight feet in height measured
from the ground level may be erected in the rear or side yard and
behind the building setback line. Other types of fences shall not
exceed five feet in height.
[Amended 6-28-2006 by Ord. No. 06-Code-532]
(4)
All fences, whether made of wood, wire, chain-link or other man-made
materials, shall be constructed so that the finished side of the fence
faces outward. The posts, bracing, supports and other structural members
of the fence and the hardware used with the fence shall face the interior
of the area enclosed by the fence.
(5)
No fence shall be constructed of any material harmful to humans or
animals. For example, no fence shall be constructed with barbed wire.
(6)
No fence shall be erected without a construction permit. In considering
applications for the erection of a fence, the Construction Code Enforcement
Official may require a survey showing the proposed location of the
fence with respect to the existing property lines. This subparagraph
shall not pertain to decorative fences utilized for gardens, plantings,
etc.
(7)
Fences shall be erected in a manner so as to permit the flow of natural
drainage and shall not cause surface water to be blocked or dammed
to create ponding.
A.
Use must conform. No building or structure shall hereafter be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land or building be occupied by any use except for the use listed herein as permitted in the zone in which such land and building is located. In no case shall there be more than one principal use or one main building and its accessory building on one lot, except in the I-1 Industrial Zone a lot is permitted to be developed with one principal use and/or one main building and its accessory building and not more than one off-premises sign, which may be of V-type construction. Furthermore, in the I-1 Industrial Zone an individual building may be designed as to permit the use of said building by more than one industry, provided that an application for such multiple use is approved by the Planning Board upon proper application and compliance with all other standards established by § 59-54 and good planning principles and standards as used in reviewing site plan applications under Article VI of this chapter generally. In addition, in the I-P Industrial Park Zone there may be permitted a multiple tenancy of each building only as more specifically set forth in § 59-55G of this chapter.
[Amended 8-22-2018 by Ord. No. 18-Code-772]
B.
Lots in two zones. Where a zone boundary line laterally divides a
lot, the regulations for the less restricted portion of such lot shall
be applicable to the next 30 feet of the adjoining area, provided
that the lot fronts on a street located in the less restricted zone.
[Amended 11-1-1989 by Ord. No. 89-Code-171]
A.
Permitted uses. Within the RA-1, RA-2, RA-3 and RA-4 Residential
Zones, only the following uses are permitted on one lot of required
size:
[Amended 7-11-2007 by Ord. No. 07-Code-556; 10-24-2007 by Ord. No. 07-Code-560]
B.
The following are accessory uses:
(1)
A private garage for not more than four cars, boathouse, stable for
horses or as hereinafter permitted, greenhouse, barn, silo, tool shed
or swimming pool.
(2)
A home occupation, professional use.
(4)
The keeping of dogs, cats, birds or other usual household pets.
(6)
No accessory building in a residential zone may be used for residential
purposes, and in a business zone, no building accessory to a building
used for a business shall be used for any residential purpose.
[Amended 11-1-1989 by Ord. No. 89-Code-171]
(7)
The housing or keeping of chickens in a residential zone for personal
use is permitted subject to the following regulations:
[Amended 5-26-2021 by Ord. No. 21-Code-826]
(a)
No person shall keep a rooster male chicken.
(b)
A person who rents the property where chickens are proposed
to be kept or maintained shall receive written permission from the
owner of the property.
(c)
No chickens or by-products are to be sold or commercially distributed.
(d)
Chickens shall be kept in a roofed shelter or coop, which shall
provide a minimum of three horizontal square feet per adult bird and,
if a fully enclosed fenced chicken run is provided, a minimum of five
square feet per adult bird.
(e)
Chickens are not permitted to roam freely unless they are in
a contained area such as a fenced-in area.
(f)
A chicken shelter/coop and chicken run are only permitted in
the rear yard, and the chicken shelter/coop shall comply with the
accessory structure setbacks in accordance with Schedule B and C of
the Land Use and Zoning Code.
(g)
The fenced-in chicken run shall be well drained so that there
is no accumulation of standing water. The floors and walls of the
chicken shelter or coop shall be kept in a clean and sanitary condition,
with all droppings collected at least weekly.
(h)
If, for any reason, an applicant no longer keeps and raises
chickens, they shall be removed from the property in a humane manner.
(i)
Chickens shall be kept and maintained at all times in a humane
manner and in accordance with good agricultural practices.
(8)
Solar energy systems. Such systems may be installed only as a use
accessory to a permitted principal use. Solar energy systems may be
installed only as an accessory use either on the roof of a permitted
principal or accessory structure or as freestanding structures such
as above a parking area.
[Added 5-22-2013 by Ord.
No. 13-Code-685]
C.
A trailer may be used on a temporary basis when the same is designed
as a temporary construction office by the contractor constructing
a dwelling on the lot and such use may be continued until a certificate
of occupancy is issued. Where a trailer is used for such purpose for
the construction of more than one home in a subdivision, it may be
used until the completion of a model home. A trailer or mobile home
may also be used under the provisions set forth in § 99-3
of the Code of the Borough of Oakland whenever a home in the Borough
of Oakland shall be partially destroyed by fire, flood or other disaster
to the extent that said home is not habitable for a period of time
until certain necessary repairs are made thereto, and the owners of
said property who were residing therein at the time of such disaster
intend to make immediate repairs to the same and so advise the Building
Subcode Official and Borough Clerk by letter and the Building Subcode
Official is authorized to issue a temporary certificate of occupancy
to said owners for a period not in excess of four months for the erection
of a mobile home or trailer on said property at a location to be approved
by the Building Subcode Official in conjunction with the Board of
Health so that the location is not in any way detrimental to adjoining
properties nor obstructs the street or sidewalk or other necessary
safety precautions, provided that said mobile home or trailer complies
in all respects with the requirements of the Board of Health with
respect to the connection of septic systems and other utilities required
for habitation therein. During such period of time as such temporary
certificate of occupancy shall be issued and remain in effect, the
owners of said property residing in said mobile home or trailer shall
not be considered to be in violation of this chapter or Section 99-3
of the Code of the Borough of Oakland.
D.
Conditional uses in residential zones. Within the RA-1, RA-2 and RA-3 Residential Zones the following are designated as conditional uses and as permitted uses in all other zones in accordance with the special requirements for conditional uses enumerated in § 59-65 hereof.
(1)
Churches and similar places of worship, including accessory buildings
incidental thereto.
(2)
A public or parochial, elementary, junior high or high school offering
courses in general instruction or having a curriculum approximately
the same as ordinarily given in public schools.
(3)
(Reserved)
[Repealed 10-21-1998 by Ord. No. 98-Code-356]
(4)
Libraries, museums, art galleries, municipal parks, municipal playgrounds
and municipal beaches.
(5)
(Reserved)
[Repealed 10-21-1998 by Ord. No. 98-Code-356]
(6)
A nonprofit lodge or fraternal organization in the B-1 Zone only,
provided that the same conforms to all other provisions concerning
the use of said structures as set forth in this chapter and other
governmental codes and ordinances, i.e., parking, noises, signs.
[Amended 11-1-1989 by Ord. No. 89-Code-171]
A.
Principal uses and building permitted:
B.
Accessory uses and buildings permitted and required in the RA-1 and
RA-2 Residential Zones.
C.
Design and construction requirements.
(1)
Sewers. No multiple-dwelling structures may be constructed, unless
such structures can be connected to an available public sewer system
or a package sewer treatment plant that has received the necessary
approvals of the proper agencies.
(2)
Building coverage. Multiple-dwelling units shall not cover more than
20% of the area of the lot upon which they are constructed.
(3)
Parking. Sufficient parking shall be provided for all multiple-dwelling
structures, so as to provide two off-street parking spaces for each
dwelling unit. Each garage space may be counted as an off-street parking
space. All facilities shall be under lock and key and accessible only
to occupants of the specific building in which it is located. No exterior
clothes hanging or washing and/or drying facilities of any type shall
be permitted.
(4)
Site lighting. Interior roads, driveways, private thoroughfares,
parking areas, building entranceways and pedestrian walks shall be
provided with sufficient illumination to minimize hazards to pedestrians
and motor vehicles utilizing the same and shall, where necessary,
be shielded to avoid glare to occupants of buildings and adjoining
areas. Lighting shall be so arranged as to reflect away from any adjoining
properties.
(5)
Television antennas. No more than one external mast of television
antennas shall be permitted on each building.
(6)
Relationship of buildings. The distance between all buildings housing
multiple-dwelling units shall be not less than 50 feet. Where possible,
the design layout of the proposed multiple-dwelling building units
shall be such that the front of the one structure does not face the
rear of another structure. Buildings shall also be designed to take
advantage of the natural terrain. Adjacent buildings containing multiple-dwelling
units shall be offset a minimum depth of 10 feet from the building
to which they are adjacent. Such distance shall be measured horizontally
and at right angles between adjacent buildings.
(7)
Road, driveway and parking setback requirements. No building containing
multiple-dwelling units shall be closer to any public road than 50
feet. No building containing multiple-dwelling units shall be closer
than 20 feet to any driveway nor closer than 10 feet from any proposed
parking area, other than parking areas contained in garages.
(8)
Landscaping. All outdoor areas shall be suitably landscaped, and
interior roads, driveways, private thoroughfares, parking areas and
pedestrian walks shall be provided with shade trees which are of appropriate
size and character as shall be approved by the Shade Tree Commission.
Open spaces adjacent to buildings and border strips along the sides
of pedestrian walks shall be graded and seeded to provide a solid
patch of grass or other plant material. Approaches to the multiple
dwelling structures and entrance areas shall be provided with trees
and attractively shrubbed. Areas not used for buildings, terraces,
driveways and parking spaces shall be planted with an all-season ground
cover and shall be landscaped in accordance with an overall plan and
in keeping with the natural surroundings.
(9)
Prohibited uses. All uses other than strictly residential uses are
prohibited.
(10)
Building size and density. No more than eight multiple-dwelling
units shall be contained in any one building. Multiple-dwelling units
shall be constructed at a density of not greater than eight units
per acre.
(11)
Unit size. Each dwelling unit shall have a floor space as set forth in § 59-62C. Each unit shall contain a complete kitchen, toilet facilities, bathing and washing facilities and shall be soundproofed against noise from other occupants residing in the building. No portion of the dwelling unit, other than that designed as a bedroom, may be used for sleeping purposes.
(12)
Caretaker. There shall be a minimum of at least one superintendent
or caretaker employed by the owner for each 100 or less units in any
multiple dwelling site area who shall be responsible to see to the
proper maintenance of the buildings and grounds, and each such superintendent
shall reside on the premises.
(13)
Garbage facilities. Exterior garbage containers shall be so
located as to efficiently service all apartments, but shall be clustered
so as to have a minimum number of areas. All such areas shall be provided
with sufficient screening on all sides by wood or other similar materials
so as to prevent access to the same by animals, which said screening
shall be at least six feet in height and designed so as to harmonize
with the other architectural elements on the site. Garbage containers
shall be a minimum of 25 feet from all property lines.
(14)
Multiple-dwelling units shall be limited to the first and/or
second floors.
(15)
Architecture and construction. The architecture employed shall
not be aesthetically incongruous with the surrounding area. The exterior
of accessory structures shall harmonize architecturally with and be
constructed of materials of a like character to those used in principal
structures.
(16)
Maximum impervious coverage shall not exceed 40%.
[Added 7-23-2008 by Ord.
No. 08-Code-572]
[Added 9-21-1983 by Ord.
No. 83-Code-990; amended 11-1-1989 by Ord. No. 89-Code-171]
A.
Principal uses and building permitted:
B.
Accessory uses and buildings permitted and required in the RA-1 and
RA-2 Residential Zones.
C.
Design and construction requirements.
(1)
Sewers. No multiple dwelling structures may be constructed unless
such structures can be connected to an available public sewer system
or a package sewer treatment plant that has received the necessary
approvals of the proper agencies.
(2)
Building coverage. Multiple dwelling units shall not cover more than
15% of the area of the lot upon which they are constructed.
(3)
Parking. Sufficient parking shall be provided for all multiple dwelling
structures so as to provide two off-street parking spaces for each
dwelling unit. Each garage space may be counted as an off-street parking
space. All garage facilities shall be under lock and key and accessible
only to occupants of the specific building in which they are located.
No exterior clotheshanging, washing and/or drying facilities shall
be permitted.
(4)
Site lighting. Interior roads, driveways, private thorough-fares,
parking areas, building entranceways and pedestrian walks shall be
provided with sufficient illumination to minimize hazards to pedestrians
and motor vehicles utilizing the same and shall, where necessary,
be shielded to avoid glare to occupants of buildings and adjoining
areas. Lighting shall be so arranged as to reflect away from any adjoining
properties.
(5)
Television antennas. No external television antennas shall be permitted.
(6)
Relationship of buildings. The distance between all buildings housing
multiple-dwelling units shall not be less than 30 feet. Where possible,
the design layout of the proposed multiple-dwelling building units
shall be such that the front of one structure does not face the rear
of another structure. Buildings shall also be designed to take advantage
of the natural terrain. The front facade and all setbacks of any structure
shall be varied to maintain a deviation of set offs between adjacent
units.
(7)
No building containing multiple-dwelling units shall be closer to
any public road than 30 feet.
(8)
Landscaping. All outdoor areas shall be suitably landscaped, and
interior roads, driveways, private thorough-fares, parking areas and
pedestrian walks shall be provided with shade trees which are of appropriate
size and character as shall be approved by the Shade Tree Commission.
Open space adjacent to buildings and border strips along the sides
of pedestrian walks shall be graded and seeded to provide a solid
patch of grass or other plant material. Approaches to multiple-dwelling
structures and entrance areas shall be provided with trees and attractively
shrubbed. Areas not used for buildings, terraces, driveways and parking
spaces shall be planted with an all-season ground cover and shall
be landscaped in accordance with an overall plan and in keeping with
the natural surroundings. A buffer area of at least 50 feet in width
shall be provided along any one-family-residential-boundary-line zone.
Within any such buffer area, no building, structures or loading areas
or other use of the land shall be permitted, except that the Planning
Board may permit driveway, parking and access to streets, walks or
driveways therein, if necessary, but in no case less than 25 feet
from any adjoining lot line. Any such buffer area, if wooded, shall
remain undisturbed or otherwise effectively planned to screen the
development from surrounding uses.
(9)
Prohibited uses. All uses, other than strictly residential uses,
are prohibited.
(10)
Building size and density. No more than eight multiple-dwelling
units shall be contained in any one building. Multiple-dwelling units
shall be constructed at a density of not greater than 14 units per
acre.
(11)
Unit size. The maximum floor space for each dwelling unit shall
be 850 square feet. Each unit shall contain a complete kitchen, toilet
facilities, bathing and washing facilities and shall be soundproofed
against noise from other occupants residing in the building. All dwelling
units shall be one-bedroom units.
(12)
Garbage facilities. Exterior garbage containers shall be so
located as to efficiently service all apartments, but shall be clustered
so as to have a minimum number of areas. All such areas shall be provided
with sufficient screening on all sides by wood or other similar material
so as to prevent access to the same by animals, which said screen
shall be at least six feet in height and designated so as to harmonize
with the other architectural elements on the site. Garbage containers
shall be a minimum of 25 feet away from all property lines.
(13)
Multiple-dwelling units shall be limited to first and/or second
floors. No structure shall exceed two occupied stories in height or
28 feet, excluding basements and/or cellars which shall be for storage
or utilities only.
(14)
Architecture and construction. The architecture employed shall
not be aesthetically incongruous with the surrounding area. The exterior
of accessory structures shall harmonize architecturally with and be
constructed of materials of a like character to those used in other
principal structures.
(15)
Air-conditioning. Air-conditioning unit space shall be integrated
into the structure and shall not be placed in window casements.
(16)
Electrical and related utilities. All electrical, telephone
and cable utilities shall be placed underground.
(17)
Metering. All external water- and gas-metering devices shall
be placed at the rear of the building.
(18)
Cable television facilities. Central cable television facilities
shall be made available, and the installation of cable lines to structures
shall be the responsibility of the developer.
(19)
External decks or balconies shall have fully enclosed opaque
railings.
(20)
Maximum impervious coverage shall not exceed 40%.
[Added 7-23-2008 by Ord.
No. 08-Code-572]
A.
Authority; purpose.
(1)
This section is adopted pursuant to the authority of the Municipal
Land Use Law, Chapter 291 of the Laws of 1975 (N.J.S.A. 40:55D-1 et
seq.), and the amendments thereof and supplements thereto.
(2)
The purposes of this section shall be the following: to provide a
method of development pursuant to and in accordance with the provisions
of the Municipal Land Use Law in order to provide standards and criteria
that will encourage innovations in residential housing design and
type, reflecting changes in the technology of land development and
resulting in conservation of land, the more efficient use of developable
land, together with ancillary open space and the provisions for public
service to such housing, provided that all such development shall
not aesthetically or physically intrude upon preexisting neighborhood
schemes and patterns; to lessen the burden of traffic on streets and
highways; and to conserve the value of the land.
B.
Statement of objectives; districts established.
(1)
The borough recognizes that, due to the nature of remaining developable
lands within the borough, development will further aggravate existing
problem conditions, involving such matters as traffic, flooding and
drainage, and will strain recreation and other municipal services.
To ameliorate such problem conditions and to lessen the burden on
municipal services, the borough desires to take full advantage of
modern design, construction, technology and planning methods that
will advance and promote sound growth and the general welfare of the
municipality; strengthen and sustain its economic potential; provide
adequate, safe, efficient and economical municipal services and utilities;
and establish appropriate patterns for the distribution of population
in housing accommodations coordinated with the protection and enhancement
of natural beauty and resources and in harmony with their surroundings,
both within and with-out the municipality, and in order to provide
for a variety of service activities, parks, playgrounds, recreational
areas, parking and other open space in orderly relationship to each
other and in conformity to the development of the municipality as
a whole.
(2)
In order to effectuate the foregoing and to locate such residence-cluster
developments as a single entity upon the most suitable land in view
of the rapidly expanding population of the community; to ensure that
sound planning goals are met for the potential use of the land and
to prevent piecemeal and disorderly development of certain tracts
of ground within the municipality; to protect existing uses; to preserve
the physical characteristics of the land to the maximum extent possible;
to ensure provisions for light and air, the prevention of overcrowding
of land or buildings and the creation of an adequate road network;
to secure the health, morals and general welfare, and for the best
functions, three residence-cluster districts, RA-C1, RA-C1.5 and RA-C2
are hereby established subject to the following conditions, criteria
and standards.
C.
Permitted uses and structures. In the RA-C1, RA-C1.5 and RA-C2 Districts,
no lot, plot, parcel or tract of land and no building or structure
shall be used and no building or other structure shall be built, altered
or erected to be used for any purpose other than the following:
(1)
Dwelling units consisting of single-family dwelling units in detached,
semi-detached or attached groups of attached or clustered structures,
either singly or in combination thereof, not to exceed four dwelling
units per group and not including high-rise, medium-rise or garden-apartment-type
structures. Single-family detached dwelling units shall not exceed
10% of the entire tract development.
(2)
Open spaces, such as parks, preserves, recreation areas or facilities,
tennis courts, golf courses, lakes, ponds, playgrounds, swimming facilities,
drainage or other ways and other similar uses along with structures
and accessory features appurtenant thereto. Lands designated for active
recreational purposes shall be improved by the developer, including
equipment, walkways and landscaping.
(3)
Signs limited to those identifying a residence-cluster development
and located at the entrance or entrances to such projects and limited
to 50 square feet in area. The design, location, landscaping and maintenance
of such signs shall be in accordance with specifications and conditions
determined by the Planning Board.
(4)
Accessory uses customarily incidental to the above permitted uses
and limited to recreation facilities suitable to serve the residents
of the development, as approved by the Planning Board, such as swimming
pools, play-grounds, athletic fields, recreation halls or clubhouses,
tennis courts, shuffleboards and any other approved compatible facility.
D.
Standards and criteria for single-family residence-cluster developments.
Within any single-family residence-cluster district, development shall
be in accordance with the following minimum standards:
(1)
Usage categories.
(a)
Area requirements. All one-family residence-cluster developments
shall have a tract area of not less than 40 acres.
(b)
Density. The maximum density and number of lots to be permitted
in each district shall be computed by dividing the maximum number
of permitted dwelling units per acre into the gross tract acreage.
[1]
RA-C1 District. The maximum number of dwelling units permitted
in the RA-C1 District is one dwelling unit per acre.
[2]
RA-C1.5 District. The maximum number of dwelling units permitted
in the RA-C1.5 District is 1 1/2 dwelling units per acre.
[3]
RA-C2 District. The maximum number of dwelling units permitted
in the RA-C2 District is two dwelling units per acre.
(c)
Common open space.
[1]
Common open spaces, such as parks, preserves, recreation areas
and facilities, tennis courts, golf courses, lakes, ponds, playgrounds,
swimming facilities, drainage or other ways and other similar uses,
along with structures and accessory features appurtenant thereto,
shall be provided at a ratio of not less than 40% of the gross area
of the planned unit residential development. The types and amounts
of areas to be counted toward establishing the minimum amount of common
open space shall be determined by the Planning Board but shall not
include areas designated as sidewalks, roads, drives, paved parking
areas, required front yards and those side yards as established by
the Planning Board along side lot lines. The Planning Board may require
such areas to be considered as part of the common open space for maintenance
and other purposes, even though such areas are not of the type to
be counted toward establishing the 40% minimum area.
[2]
If lands are offered to and accepted by the borough, they shall
be conveyed to the borough by deed at the time final plan approval
is granted by the borough. The deed shall contain such restrictions
as may reasonably be required by the Planning Board to effectuate
the provisions of this chapter pertaining to the use of such areas.
Should the subdivision consist of a number of development stages,
the reviewing authority may require that acreage proportionate in
size to the stage being considered for final approval be donated to
the borough simultaneously with the granting of final subdivision
approval for that particular stage, even though these lands may be
located in a different section of the overall development.
(d)
Homeowners association. A homeowners association shall be established
for the purpose of owning and maintaining common lands and facilities,
including conservation, open space, recreation and park areas and
other lands and shall be in accordance with the following provisions:
[1]
Membership in any created homeowners association by all property
owners shall be mandatory. Such required membership in any created
homeowners association and the responsibilities upon the members shall
be in writing between the association and the individual in the form
of a covenant with each member agreeing to his liability for his pro
rata share of the association's costs and providing that the borough
shall be a party beneficiary to such covenant entitled to enforce
its provisions.
[2]
Executed deeds between development property owners shall be
filed with the borough subsequent to the granting of final subdivision
approval stating that the prescribed use(s) of the lands in the common
ownership shall be absolute and not subject to reversion for possible
future development.
[3]
The homeowners association shall be responsible for liability
insurance, local taxes, maintenance of land and any facilities that
may be erected on any land deeded to the homeowners association and
shall hold the borough harmless from any liability.
[4]
The assessment levied by the homeowners association may become
a lien on the private properties in the development. The duly created
homeowners association shall be allowed to adjust the assessment to
meet changing needs and any deeded lands may be sold, donated or in
any other way conveyed to the borough for public purposes only.
[5]
The homeowners association initially created by the developer
shall clearly describe in its bylaws the rights and obligations of
any homeowner and tenant in the cluster development, along with the
covenant and model deeds and the articles of incorporation of the
association prior to the granting of final approval by the borough.
[6]
Part of the development proposals submitted to and approved
by the borough shall be provisions to ensure that control of the homeowners
association will be transferred to the individual lot owners in the
development, based on a percentage of the dwelling units sold and/or
occupied, together with assurances in the bylaws that the homeowners
association shall have the maintenance responsibilities for all lands
to which they hold title.
(2)
Site and structure regulations.
(a)
Lot size.
[1]
Plot and lot sizes and dimensions and structure locations may
be freely disposed and arranged in conformity with the overall density
standards herein and to the conditions of comprehensive plans therefor,
the general features and design of which shall be approved by the
Planning Board. Minimum lot size or frontage and minimum percentage
of lot coverage are not specified herein, but the Planning Board shall
be guided by standards for common good practice.
[2]
Prior to preliminary approval the developer shall submit preliminary
public water and public sewer system plans which will serve the dwelling
units in the development. Preliminary and final plans for the public
water and public sewer systems shall be submitted for recommendation
and review to the Board of Health, the Borough Engineer and the Water
and Sewer Department prior to final site plan approval by the Planning
Board.
(b)
Yard requirements. The following setbacks shall be observed:
[1]
All residential structures shall be set back a minimum of 100
feet from any existing public road, whether bordering or situate within
the site, and having an existing or proposed right-of-way width, as
shown on the borough's Official Map, of 50 feet or more.
[2]
Setback distances from all other public and any private roads
with a right-of-way of 35 feet or more shall be as approved by the
Planning Board, giving due consideration to surrounding present and
future uses, but in no case shall it be less than 50 feet from the
road in an RA-C1 or RA-C1.5 District and 40 feet from the street line
in an RA-C2 District.
[3]
No building or structure shall be located with-in 100 feet of
any perimeter development line.
[4]
All of the foregoing yard requirements may be expended or modified
by the Planning Board for good cause.
(c)
Cluster design criteria. There shall be off-street parking facilities
for the parking of two automobiles for each dwelling unit, exclusive
of garage area. Each off-street parking space shall consist of not
less than 180 square feet. Garages shall be utilized in conjunction
with uncovered parking to lessen the amount of outside paved parking
areas as shall be reasonable in the particular case. A minimum of
one garage shall be provided for each dwelling unit. Any group of
attached garages shall have a joint capacity of not more than four
automobiles.
(d)
No building shall exceed 35 feet or 2 1/2 stories, including
an attic which may be converted into living floor space in excess
of 100 square feet in the case of detached units only.
(e)
No building shall be constructed, reconstructed or occupied
resulting in the location of the living floor space of a dwelling
unit or any part thereof directly above the living floor space of
another dwelling unit or any part thereof.
(f)
A buffer area of at least 50 feet in width shall be provided
along any one-family-residential-boundary-line zone; provided, however,
that a 100-foot buffer may be required between an active recreational
use and the nearest boundary line of any one-family zone. Such buffer
may be expanded by the Planning Board for good cause. Within any such
buffer area, no buildings, structures, driveways, parking or loading
areas or other use of the land shall be permitted, except that the
Planning Board may permit access streets, walks or drives therein
if necessary, but in no case less than 50 feet from any adjoining
lot line. Any such buffer area, if wooded, shall remain undisturbed
or otherwise effectively planted to screen the development from surrounding
uses.
(g)
Local street standards.
[1]
The following local street standards shall apply:
|
Type of Street
| ||
|---|---|---|
|
Cul-de-sac
|
Collector
| |
|
Right-of-way width
|
40 feet
|
50 feet
|
|
Paved width
|
24 feet
|
30 feet
|
|
Desirable maximum grade
|
10%
|
6%
|
|
Speed limit
|
15 mph
|
25 mph
|
|
Sidewalks
|
None
|
At least 1 side
|
[2]
All driveways shall have access on a cul-de-sac. At no time
may a driveway provide direct access to collector streets.
[3]
Cul-de-sac shall have a minimum radius of 40 feet, but in no
case shall the radius exceed 50 feet.
[4]
No cul-de-sac shall be longer than 500 feet.
[5]
All culs-de-sac shall contain a landscaped safety island in
the center of the turnaround area. This island shall have a minimum
radius of 13 feet and a maximum radius of 16 1/2 feet. The pavement
width of the turnaround area shall be 30 feet.
[6]
Where a cul-de-sac intersects a collector street, the turning
radius shall be 25 feet.
[7]
At no time shall the angle of intersection of a cul-de-sac with
a collector street be greater than 60°.
[8]
The minimum distance between cul-de-sacs intersecting a collector
street shall be 200 feet.
[9]
Sign easements for cul-de-sacs intersecting collector streets
shall be measured on the center line of both streets the following
distances from the intersection: cul-de-sacs, 90 feet; collectors,
90 feet.
E.
Increase in density prohibited. Notwithstanding any amendment to
the provisions of this section, there shall be no increase in the
available overall density of any residence-cluster development having
received final approval, except by the specific unanimous consent
of the adult occupants of all of the existing dwelling units within
the property.
F.
Recommendation by Planning Board. In designating the density of the
RA-C1 Zones on the Zoning Map of the Borough of Oakland, the Mayor
and Council, as to existing RA-C1, RA-C1.5 and RA-C2 criteria, was
cognizant of the lack of any specific plan as to development which
would be a guide to determining the density designation for each individual
site. The Planning Board, after receiving the site plan applications
for a cluster development in the presently designated RA-C1 Zones,
may recommend, if a majority of its members so vote, to the Mayor
and Council for consideration of changing the designation of the tract
or tracts of the Zoning Map from RA-C1 to RA-C1.5 or RA-C2. In so
doing the Planning Board shall submit its reason for so recommending
in writing and any dissenting members of the Planning Board may also
submit their reasons for dissenting, in writing to the Mayor and Council.
[Added 10-25-1995 by Ord.
No. 95-302]
A.
Purpose.
(1)
This amendment is intended to provide for health, safety and
welfare of residents of life care facilities in the Borough of Oakland
as a conditional use within this zone and to allow the growth and
continued improvement of such facilities with careful awareness of
the compatibility with surrounding areas.
C.
Permitted conditional uses:
(1)
Life care facilities as defined below: Any residential development
that provides a continuum of accommodations and care, from independent
living to long term bed care, for persons 60 years of age or older.
Life care facilities may include independent living units, congregate
residence, assisted care units, and a long term care section. Contract
is entered to provide lifelong care in exchange for the payment of
monthly fees and an entrance fee in excess of one year of monthly
fees. A life care facility must provide the following:
(a)
A fully licensed and staffed medical or nursing home facility
which provides skilled care to residents requiring such services on
a priority basis.
(b)
Kitchen and dining room facilities offering no less than one
common meal to all residents each day.
(c)
Call monitoring system for emergency calls directly to supervisory
staff on premises.
(d)
Medical history on file for each permanent resident.
(e)
On premises physical therapy.
(f)
Available transportation for residents from facility to shopping,
medical, recreational and other major desired points of destination.
|
Ancillary facilities such as recreation facilities, personal
services and retail establishments serving residents and guests of
the residence may be included if there are no exterior announcements
or other advertisements of retail facilities.
|
D.
Development standards for life care facilities:
(1)
Minimum site area: 30 acres.
(2)
Maximum density: 10 units per acre.
(3)
Minimum setbacks: As required in Section 59-52D(2)(b).
(4)
No building shall exceed 40 feet or four stories.
(5)
Off-street parking. One usable off-street parking space must
be provided for each two dwelling units, and at least one additional
off-street parking space shall be required for each three beds provided
for long term care.
(6)
Common open space: As required in Section 59-52D(1)(c).
(a)
Common open space, such as parks, preserves, recreation areas
and facilities, tennis courts, golf courses, lakes, ponds, play-grounds,
swimming facilities, drainage or other ways and other similar uses,
along with structures and accessory features appurtenant thereto,
shall be provided at a ratio of not less than 40% of the gross area
of the planned unit residential development. The types and amounts
of areas to be counted toward establishing the minimum amount of common
open space shall be determined by the Planning Board but shall not
include areas designated as sidewalks, roads, drives, paved parking
areas, required front yards and those side yards as established by
the Planning board along side lot lines. The Planning Board may require
such areas to be considered as part of the common open space for maintenance
and other purposes, even though such areas are not of the type to
be counted toward establishing the 40% minimum area.
(b)
If lands are offered to and accepted by the borough, they shall
be conveyed to the borough by deed at the time final plan approval
is granted by the borough. The deed shall contain such restrictions
as may reasonably be required by the Planning Board to effectuate
the provisions of this chapter pertaining to the use of such areas.
Should the subdivision consist of a number of development stages,
the reviewing authority may require that acreage proportionate in
size to the stage being considered for final approval be donated to
the borough simultaneously with the granting of final subdivision
approval for that particular stage, even though these lands may be
located in a different section of the overall development.
(7)
Local street standards: As required in Section 59-52D(2)(g).
[Added 10-25-1995 by Ord.
No. 95-303]
A.
Authority; purpose.
(1)
This section is adopted pursuant to the authority of the Municipal
Land Use Law, Chapter 291 of the Laws of 1975 (N.J.S.A. 40:55D-1 et
seq.), and the amendments thereof and supplements thereto.
(2)
The purpose of this section shall be the following: to provide
a method of development pursuant to and in accordance with the provisions
of the Municipal Land Use Law in order to provide standards and criteria
that will encourage innovations in residential housing design and
type, reflecting changes in the technology of land development and
resulting in conservation of land, the more efficient use of developable
land, together with ancillary open space and the provisions for public
service to such housing, provided that all such development shall
not aesthetically or physically intrude upon preexisting neighborhood
schemes and patterns; to lessen the burden of traffic on streets and
highways; and to conserve the value of the land.
B.
Statement of objectives; districts established.
(1)
The borough recognizes that, due to the nature of the remaining
developable lands within the borough, development will further aggravate
existing problem conditions, involving such matters as traffic, flooding
and drainage, and will strain recreation and other municipal services.
To ameliorate such problem conditions and to lessen the burden on
municipal services, the borough desires to take full advantage of
modern design, construction, technology and planning methods that
will advance and promote sound growth and the general welfare of the
municipality; strengthen and sustain its economic potential; provide
adequate, safe, efficient and economical municipal services and utilities;
and establish appropriate patterns for the distribution of population
in housing accommodations coordinated with the protection and enhancement
of natural beauty and resources and in harmony with their surroundings,
both within and without the municipality, and in order to provide
for a variety of service activities, parking and other open space
in orderly relationship to each other and in conformity to the development
of the municipality as a whole.
(2)
In order to effectuate the foregoing and to locate such residence-cluster
developments as a single entity upon the most suitable land in view
of the expanding population of the community; to ensure that sound
planning goals are met for the potential use of the land and to prevent
piecemeal and disorderly development of certain tracts of ground within
the municipality; to protect existing uses; to preserve the physical
characteristics of the land to the maximum extent possible; to ensure
provisions for light and air, the prevention of overcrowding of land
or buildings and the creation of an adequate road network; to secure
the health, morals and general welfare, a residential district (RC)
is hereby established subject to the following conditions, criteria
and standards.
C.
Permitted uses and structures. In the RC District, no lot, plot,
parcel or tract of land and no building or structure shall be used
and no building, altered or erected to be used for any purpose other
than the following:
(1)
Dwelling units consisting of single-family detached dwelling
units.
(2)
Open spaces, such as parks, preserves, recreation area, drainage
or other ways and other similar uses along with structures and accessory
features appurtenant thereto. Lands designated for active recreational
purposes shall be improved by the developer, including equipment,
walkways, and landscaping.
(3)
Signs limited to those identifying a residence-cluster development
and located at the entrance or entrances to such projects and limited
to 15 square feet in area. The design, location, landscaping and maintenance
of such signs shall be in accordance with specifications and conditions
determined by the Planning Board.
(4)
Accessory uses customarily incidental to the above permitted
uses, but not including home occupation, professional use and limited
to recreation facilities suitable to serve the residents of the development,
as approved by the Planning Board.
D.
Standards and criteria for single-family residence-cluster developments.
Within the RC District, development shall be in accordance with the
following minimum standards:
(1)
All one-family residence-cluster development shall have a tract
area of not less than 30 acres.
(2)
The maximum allowable number of units shall be calculated using
40,000 square feet per lot on the area left after the open space requirement
has been satisfied.
(3)
Open space requirement.
(a)
Not less than 40% of the gross development parcel shall remain
in common open space in perpetuity, but may be greater dependent upon
prevailing environmental conditions. Open space, the portion of the
development parcel outside building lots, shall be used for social,
recreational, and natural environment preservation purposes. The area
dedicated to active recreational use within the required open space
shall be limited to 10% of the total required open space. Common open
space shall be deed restricted to prohibit future subdivision or development.
The types and amounts of areas to be counted toward establishing the
minimum amount of common open space shall be determined by the Planning
Board. The Planning Board shall not include areas designated as sidewalks,
roads, drives, paved, parking areas, required front yard and those
side yards as established by the Planning Board along side lot lines.
(b)
Such open space may be held as common open space in a homeowners
association, deeded to the Nature Conservancy or other appropriate
open space preservation organization, deeded to the Borough of Oakland,
only upon Borough Council resolution and approval as recommended by
the Planning Board, or such other ownership as mutually agreed upon
by the applicant and the Planning Board.
(c)
If lands are offered to and accepted by the borough, they shall
be conveyed to the borough by deed at the time final plan approval
is granted by the borough. The deed shall contain such restrictions
as may reasonably be required by the Planning Board to effectuate
the provisions of this chapter pertaining to the use of such areas.
Should the subdivision consist of a number of development stages,
the reviewing authority may require that acreage proportionate in
size to the stage being considered for final approval be donated to
the borough simultaneously with the granting of final subdivision
approval for that particular stage, even though these lands may be
located in a different section of the overall development.
(4)
Area and bulk regulations.
(a)
A minimum lot area 12,000 square feet shall be required. The
plot may be freely disposed and arranged in conformity with the overall
density standards herein and to the conditions of comprehensive plans
therefor, the general features and design of which shall be approved
by the Planning Board.
(b)
Minimum lot width at the front yard setback line: 65 feet.
(c)
Minimum lot width at street frontage: 25 feet.
(d)
Minimum lot depth: 100 feet.
(5)
No building or structure shall be located within 100 feet of
any perimeter development line. The Planning Board may at their discretion
vary and modify this design requirement for reason of property shape
and topography provided that the average dimension of this perimeter
setback requirement is maintained at least 100 feet for the entire
perimeter, but no less than 75 feet at any specific location.
(6)
Off-street parking. Each dwelling unit shall have off-street parking as set forth in Section 59-61 of the Borough of Oakland Zoning Ordinance, with a minimum of one of the required off-street parking spaces to be enclosed.
(7)
Design guidelines. Buildings shall reflect a continuity of treatment
and design, obtained by maintaining the building scale or by subtly
graduating changes; and by achieving compatible architectural styles
and details, design themes, building materials. In order to avoid
monotonous development, a minimum of three different house models
shall be used.
(8)
Local street standards. As set forth in Section 59-52D(2)(g) of the Borough of Oakland Zoning Ordinance, with the following modification:
(a)
Collector street pavement width: 28 feet.
E.
Homeowners association. If a homeowners association is established
for the purpose of owning and maintaining common lands and facilities,
including conservation, open space, recreation and park areas and
other lands, such association shall be established in accordance with
the following provisions:
(1)
Membership in any created homeowners association by all property
owner shall be mandatory. Such required membership in any created
homeowners association and the responsibilities upon the members shall
be in writing between the association and the individual in the form
of a covenant with each member agreeing to his liability for his pro
rata share of the association's costs and providing that the borough
shall be a party beneficiary to such covenant entitled to enforce
its provisions.
(2)
Executed deeds between development property owners shall be
filed with the borough subsequent to the granting of final subdivision
approval stating that the prescribed use(s) of the lands in the common
ownership shall be absolute and not subject to reversion for possible
future development.
(3)
The homeowners association shall be responsible for liability
insurance, local taxes, maintenance of land and any facilities that
may be erected on any land deeded to the homeowners association and
shall hold the borough harmless from any liability.
(4)
The assessment levied by the homeowners association may become
a lien on the private properties in the development. The duly created
homeowners association shall be allowed to adjust the assessment to
meet changing needs and any deeded lands may be sold, donated or in
any other way conveyed to the borough for public purposes only.
(5)
The homeowners association initially created by the developer
shall clearly describe in its bylaws the rights and obligation of
any homeowner and tenant in the cluster development, along with the
articles of incorporation of the association prior to the granting
of final approval by the borough.
Part of the development proposals submitted to and approved
by the borough shall be revisions to ensure that control of the homeowners
association will be transferred to the individual lot owners in the
development, based on a percentage of the dwelling units sold and/or
occupied, together with assurances in the bylaws that the homeowners
association shall have the maintenance responsibilities for all lands
to which they hold title.
[Added 5-9-2012 by Ord.
No. 12-Code-662; amended 2-26-2020 by Ord. No. 20-Code-803]
A.
The purpose of the RA-2 Affordable Housing Zone district is to permit
the development of a tract now or formerly designated as Block 4202
Lots 1, 2 and 3 as an inclusionary residential development consisting
of not more than 200 residential units, with 20% of the units being
affordable housing units. The creation of the RA-2 Zone is in furtherance
of the Borough's Settlement Agreements in the matter initiated by
the Borough entitled In the Matter of the Borough of Oakland, County
of Bergen, Docket No. BER-L-6359-15 (the "Settlement Agreement").
Through the creation of this Zone, Oakland expects to receive credits
and/or financial contributions to be applied to its affordable housing
obligation. The development is to feature a unified comprehensive
and complementary design incorporating common street(s), utilities,
stormwater management and open space elements. It is recognized for
financing purposes the affordable units will be located in a discrete
portion of the site and arranged into either two separate multifamily
rental buildings or three separate multifamily buildings including
for-sale and supportive housing units. It is recognized that much
of the land within the RA-2 Zone is wooded and that portions of the
slopes on the property exceed 15%. In order to implement the Settlement
Agreements, standards in this section shall supersede any conflicting
standards in the Borough Code to the extent specifically identified
herein.
B.
Permitted uses and structures. Within the RA-2 Affordable Housing
Zone, only the following principal uses shall be permitted on any
property in the Zone:
(1)
Attached single-family dwellings (townhouses), not to exceed
160 such dwellings.
(2)
Multifamily buildings which, in the aggregate, do not contain
more than 40 affordable units, some of which may be supportive housing
units if there are for-sale units.
(3)
A municipal building, municipal structure, or a municipal use,
governmental or proprietary in nature.
C.
Permitted accessory uses and structures allowed in the RA-2 Zone
are those customarily incidental to the Zone's permitted principal
uses, do not include any activity conducted for economic gain and
are further limited to the following:
(1)
Attached garages for the parking of passenger vehicles and,
if outdoor storage or recyclables and trash is not proposed, trash
cans and recycling bins.
(2)
Driveways and exterior parking areas.
(3)
Fences and walls.
(4)
Clubhouses, pools, pool houses, recreational amenities, cabanas,
gazebos, garden sheds, hothouses, greenhouses and utility sheds.
(5)
Unlighted outdoor recreation courts.
(6)
Maintenance buildings.
(7)
Utility infrastructure such as pump houses, water mains, metering
pits and similar utility improvements made necessary for the development
of the property.
(8)
Signs.
(9)
Temporary storage containers for refuse and recyclable products,
if same are not stored inside a building.
(10)
Decks, patios and privacy screens, fences and walls.
(11)
Temporary marketing signs, flags and banners.
(12)
Temporary sales and construction trailers.
D.
Design intent.
(1)
The intent in creating the RA-2 Zone is to encourage the construction
of an inclusionary development consisting of market-rate attached
single-family dwellings and affordable multifamily units. Creation
of this Zone will assist the Borough in addressing its constitutional
obligation to create a reasonable opportunity for the construction
of housing affordable to low- and moderate-income households. Creation
of this Zone will also implement one of the conditions contained in
a Settlement Agreement with the Fair Share Housing Center that provides
the Borough with immunity against inclusionary housing lawsuits.
(2)
The maximum number of dwelling units permitted within Block
4202 Lots 1, 2 and 3 is 200, which shall include 20% (or up to 40)
affordable units. Financial arrangements, separation of ownership
units and rental units and ultimate ownership of the property may
result in subdivisions whereby market-rate units and affordable units
are on different lots. This ordinance also anticipates that market-rate
townhomes may be on individual fee-simple lots and specifically permits
the same. The bulk standards for this particular section are based
on Zone boundary lines not lot lines and are not intended to thwart
the purpose and design intent of the Zone as expressed herein.
E.
Bulk standards.
(1)
Overall tract requirements.
(a)
Overall tract acreage requirement is a minimum of 35 acres.
(b)
Minimum tract street frontage on a public roadway is 500 feet.
(c)
All dwellings and other buildings shall be connected to community
water and sewer systems, unless buildings do not require services,
such as a storage shed.
(d)
Potable water wells are prohibited in this Zone.
(e)
Individual septic systems are prohibited in this Zone.
(f)
Minimum principal building setback to a Zone boundary line shall
be 25 feet.
(g)
Decks, patios and privacy screens, fences or walls and utility
pump stations may extend to within 15 feet of a Zone line.
(h)
Maximum tract building coverage shall not exceed 25%.
(i)
Maximum tract impervious coverage shall not exceed 40%.
(j)
All pervious areas of the site that are disturbed during site
construction shall be landscaped pursuant to the landscape plan approved
by the Planning Board by the developer prior to the issuance of the
last certificate of occupancy.
(k)
A pool and clubhouse for residents and their guests shall be
constructed, which shall be available for both market-rate and affordable
units. This requirement may be satisfied by one pool and clubhouse
shared by the market-rate and affordable units whether or not the
market-rate and affordable units are in different forms of ownership.
These recreational and social amenities shall not be located in the
required front yard located along McCoy Road.
(l)
The average height of retaining walls used in connection with
any stormwater retention and/or detention basin, as measured at fifty-foot
intervals at finished grade adjacent to the wall, shall not exceed
23 feet. All other retaining walls may be no higher than 15 feet in
height. If retaining walls are tiered, there shall be a minimum two-foot
horizontal separation between tiers.
(m)
Slopes.
[1]
Within the RA-2 Zone, § 59-66.3E of the Borough's Code shall be modified so that the allowable disturbance of slopes shall be as generally shown on the concept plan attached as Exhibit A to the Settlement Agreement dated July 10, 2019, between the Borough and James Fanale and Joachim Fanale, as Co-Executors of the Estate of Salvatore J. Fanale (the "Concept Plan") to provide as follows:
[a]
Construction control limitations:
|
Slope Category
|
Allowable Disturbance
|
|---|---|
|
0.0% - 14.9%
|
100%
|
|
15.0% - 24.9%
|
50%
|
|
Above 24.92
|
30%
|
[2]
The allowable disturbance is the percentage of the slopes in
the applicable category that may be disturbed. All activities, including
buildings, roads, walls, utilities and grading, are allowed up to
the permitted percentage of allowable disturbance as generally depicted
on the Concept Plan.
(n)
No separate soil movement application shall be required. The development application will include the information within § 59-73 of the Borough Code, with the exception of: § 59-73A(12), (13), (16) and (20); and § 59-73C(5) shall be submitted to the Planning Board as part of a site plan application. Soil movement fees shall be reduced by 20% in consideration of the fact that 20% of the units to be constructed shall be set aside for very-low-, low- and moderate-income housing. The review of soil movement ordinance requirements shall be undertaken by the Planning Board at the time of site plan review. Section 59-73H shall not be applicable to the RA-2 Zone. Any appeal related to soil movement determinations shall be made to the Superior Court of New Jersey in a prerogative writs action.
(o)
The developer shall establish an organization or organizations
for the ownership and maintenance of off-street parking areas, private
streets, retaining walls, signs (both regulatory and site identification)
recreational and social amenities and facilities including clubhouse
and pool(s), utility infrastructure and all common areas, including
stormwater management infrastructure and basins all for the continuing
benefit of the development's residents.
(p)
The Tree Removal and Protection Ordinance of the Borough of Oakland, Chapter 19 of the Borough of Oakland Code, shall apply outside of the approved area of disturbance.
(q)
The recycling provisions of the municipal ordinance (§ 59-42.1B) shall not apply if there is storage space available within individual housing units, including garages, for trash/recycling and curbside pickup will be provided; or if there are storage areas for trash/recycling within multifamily buildings. If trash and recycling materials are not stored within a building, these materials shall be stored within six-foot-high enclosures subject to review by the Planning Board. The enclosure shall have a concrete floor and be surrounded with landscaping on every side except for the side providing access.
(r)
Private and/or public roadways, parking spaces, drive aisles and parking lots in general shall be designed and constructed pursuant to N.J.A.C. 5:21. The number of parking spaces shall be pursuant to Residential Site Improvement Standards requirements. Consistent with RSIS, the requirement to have parking under lock and key [Borough Code § 59-61F(11)] and the restriction on front yard parking (Borough Code § 59-61J) shall not apply. Parking in front of the buildings shall be permitted but parking in the McCoy Road front yard setback shall not be permitted.
(2)
Affordable housing.
(a)
Twenty percent of the housing units on the tract shall be affordable
housing units. The affordable units shall be rentals; or, in the alternative,
the affordable housing units may consist of 36 for-sale and four supportive
housing units. The supportive housing units shall include at least
12 bedrooms in total. The option to provide affordable for-sale and
supportive housing units shall be available, provided that the developer
also makes a $1,500,000 contribution to Oakland's affordable housing
trust fund in accordance with and as set forth in the Settlement Agreement
between the Borough of Oakland and Fair Share Housing Center dated
July 10, 2019. The affordable housing shall be deed restricted and
shall be constructed, affirmatively marketed and priced to comply
with the State's Uniform Housing Affordability Control (UHAC) standards.
(b)
The affordable housing units shall be arranged either in two
separate multifamily rental buildings, or three separate multifamily
buildings containing for-sale units and supportive housing units.
Each building shall contain no more than 25 units. Not more than 20%
of the affordable units shall be studio or one-bedroom units. Not
less than 20% of the affordable units shall be three-bedroom units.
(c)
The buildings containing affordable housing units shall be designed
with colors, materials or architectural features that break up the
facade so that they do not appear as monolithic buildings.
(d)
Minimum building setback from McCoy Road is 65 feet.
(e)
Maximum building height is three stories and a maximum average
height of 45 feet as measured at ten-foot intervals along the front
building wall from the finished grade immediately adjacent to the
building to the highest point of the roof surface.
(f)
Minimum parking buffer from McCoy Road shall be 75 feet.
(g)
For units without a garage/driveway, access to and from individual
parking spaces shall be from a parking lot drive aisle, not a street
or common element road. Each individual parking space shall have direct
and unfettered access to a parking lot drive aisle. The parking drive
aisle shall be 24 feet in width.
(h)
All barrier-free pedestrian facilities, including the required
number and design of barrier-free parking spaces, shall be constructed
in accordance with applicable federal ADA standards and requirements
and New Jersey barrier-free construction regulations.
(i)
A privacy screen, fence or wall no greater than six feet in
height may be installed perpendicular to the rear building wall of
affordable units.
(3)
Attached market-rate single-family dwellings.
(a)
Maximum height is 2 1/2 stories with walk-out or partially
exposed basements classified as a half story. Uninhabitable attic
space is exempt from story count; habitable attic space is not exempt
from story count.
(b)
Maximum average building height shall be 35 feet as measured
at ten-foot intervals along the front building wall from the finished
grade immediately adjacent to the building to the highest point of
the roof surface. The maximum average building height on all four
sides of the building, measured at ten-foot intervals from the finished
grade immediately adjacent to the building to the highest point of
the roof surface, shall be 46 feet. The maximum height for an accessory
building shall be 35 feet.
(c)
Minimum building setback from a common or internal road is 20
feet.
(d)
Minimum setback to a Zone line is 30 feet. Decks, patios and
privacy screens, fences and walls are permitted to extend to within
15 feet of a Zone boundary line.
(f)
If the market-rate dwellings are on separate fee simple lots (as opposed to condominium form of ownership), no minimum lot areas, lot width or lot depth is required. All uses accessory to the dwelling, such as driveways, entry walks, decks and patios shall be located on the same lot as the dwelling and all buildings containing individual dwellings shall comply with the building separation requirements set forth in the preceding Subsection E(3)(e).
(g)
The maximum number of connected dwellings is six; three is the
minimum.
(h)
Each attached single-family dwelling shall be equipped with
no less than one garage space. Garage space shall be used for the
parking and temporary storage of motor vehicles, and the storage of
trash/recycling receptacles. This space shall not be converted into
any other type of room.
(i)
Parking spaces, drive aisles, private roads (including drainage
and illumination improvements) pedestrian walkways and parking lots
in general shall be designed and constructed pursuant to N.J.A.C.
5:21. The required number of parking spaces shall be pursuant to the
Residential Site Improvement Standards.
(4)
Signs.
(a)
Two freestanding signs identifying this development are permitted
at the entrance to the development on McCoy Road. Sign setback shall
be 10 feet from the public right-of-way if a public street. Said sign
message shall not exceed 24 square feet (measured inside the frame)
in area on any one side. Top of sign message shall not exceed 12 feet
from surrounding grade. Signs shall be illuminated by exterior lights
and the sign base shall be landscaped. These signs may be double-sided.
In addition, a temporary construction and marketing sign of 40 square
feet, set back 10 feet from the right-of-way line, shall be permitted.
Temporary marketing flags and banners shall be permitted within the
site, and no such temporary marketing flag, sign or banner shall be
located closer than 25 feet from the public right-of-way line. All
temporary signs, flags or banners shall be removed at the sale of
the last unit.
(b)
Additional freestanding signs shall be permitted within the
development site identifying the market-rate development and identifying
the affordable rental development, if the affordable units are rental.
Two identification signs shall be permitted for the market-rate development
and two identification signs shall be permitted for the affordable
rental development. These signs shall be located at least 50 feet
from the public right-of-way line of McCoy Road and set back at least
10 feet from a private road but shall not be located within any sight
triangle. The sign message shall not exceed 24 square feet (measured
within the frame) in area on any one side. The top of the sign message
shall not exceed 12 feet from surrounding grade. Signs may be illuminated
by exterior lights and the sign base shall be landscaped.
(c)
Directional and wayfaring signs shall be permitted within the
development in order to act as guides to residents, visitors and guests,
including emergency service providers of the Borough. Signs shall
be limited to eight square feet and shall be no closer than five feet
from any curbline. Building number signs affixed to buildings also
shall be permitted as approved by emergency service providers of the
Borough.
F.
Compliance with all applicable New Jersey Department of Community
Affairs (NJDCA) conditions and requirements. All affordable dwelling
units constructed and occupied in the RA-2 Zone shall comply with
all applicable NJDCA and UHAC conditions and regulations pertaining
to affirmative marketing of affordable dwellings throughout Region
1, selection of occupants, occupant's income and family size, deed
restrictions both to terms and length and including the specific items
listed below:
(1)
No less than 13% of the affordable housing units constructed
in this Zone shall be reserved for very-low-income households earning
30% of median income or less.
(2)
No less than 37% of the affordable housing units constructed
in this Zone shall be reserved for low-income households earning 50%
of median income or less.
(3)
No less than 50% of the affordable housing units constructed
in this Zone shall be reserved for moderate-income households earning
80% of median income or less.
(5)
The determination as to the income level that qualifies as "very-low",
"low" and "moderate" shall be based upon the most recent regional
income limits established in accordance with Paragraph 13 of the Settlement
Agreement.
(6)
Dwellings on a Zone-wide basis shall be constructed and completed
pursuant to the schedule below. The developer of the market-rate units
in the RA-2 Zone shall not be entitled or eligible to receive a certificate
of occupancy for the 41st market-rate dwelling unless it shall have
first secured a certificate of occupancy for no less than four affordable
dwellings. The developer of the market-rate units in the RA-2 Zone
shall not be entitled or eligible to receive a certificate of occupancy
for the 81st market-rate dwelling unless he shall have first secured
a certificate of occupancy for no less than 20 affordable dwellings
constructed in the RA-2 Zone. The developer of the market-rate units
in the RA-2 Zone shall not be entitled or eligible to receive a certificate
of occupancy for the 121st market-rate dwelling unless it shall have
first secured a certificate of occupancy for no less than 30 affordable
dwellings constructed in the RA-2 Zone. Not more than 144 market-rate
dwellings can be issued a certificate of occupancy in this Zone unless
all of the affordable dwellings in the RA-2 Zone have received a certificate
of occupancy.
|
Percentage of Market-Rate Dwellings Completed in RA-2 Zone
|
Number of Market-Rate Dwellings Completed in RA-2 Zone
|
Minimum Percentage of Low- and Moderate-Income Dwellings Completed
|
Number of Low- and Moderate-Income Dwellings Completed
|
|---|---|---|---|
|
25%
|
40
|
0%
|
0
|
|
25% plus 1 unit
|
41
|
10%
|
4
|
|
50%
|
80
|
50%
|
20
|
|
75%
|
120
|
75%
|
30
|
|
90%
|
144
|
100%
|
Balance up to 40
|
[Added 6-23-2021 by Ord.
No. 21-Code-837]
A.
Oakland is constitutionally obligated to provide a reasonable opportunity
to comply with its affordable housing obligation. Establishing the
RA-3AH Zone will assist the Borough in satisfying this obligation
by creating a reasonable opportunity for the construction of affordable
housing.
D.
Permitted density for developments with units that are to be offered
for sale shall not exceed 16 units per acre. If units in the development
are to be offered on the rental market, then the permitted density
is 22 units per acres.
E.
Lot area and other dimensions. Minimum required lot area in this
Zone is six acres. Minimum lot width shall be 250 feet, minimum lot
depth shall be no less than 300 feet.
F.
Yards. No principal building shall be located closer than 30 feet
to the front property line. Required side yard setbacks are 50 feet.
Each development shall be provided a rear yard of not less than 50
feet. Accessory structures, recreation facilities and on-site parking
are all permitted in any side or rear yard, provided that no accessory
structure shall project closer than 25 feet to any property line.
These zoning provisions shall be inserted in Schedule A: Limiting
Lot and Yard Sizes and Bulk Principal Building and Use.
G.
Building height shall not exceed four stories and 52 feet.
H.
Building coverage shall not exceed 30% of the lot.
I.
All areas of the subject site not covered with building, recreational
amenities, pavement or walkways shall be suitably landscaped.
J.
Impervious coverage shall not exceed 50% of the lot.
K.
No more than two signs are permitted, one sign may be a building-mounted
wall sign. Said wall sign shall not exceed 48 square feet. A monument
sign of 30 square feet is permitted. Such sign shall not exceed 12
feet in height. Said sign may be illuminated and shall be setback
no less than 10 feet from the front lot line. Any proposed sign shall
be outside any area necessary for the provision of safe sight distance.
L.
No construction permit shall be issued for a building in this district
until and unless a site plan application has been submitted and approved
pursuant to this chapter.
M.
No building construction shall commence and no certificate of occupancy
shall be issued until and unless the building owner has been issued
a valid New Jersey Department of Environmental Protection treatment
works approval permit and the building is physically connected to,
through approved plumbing connections, a sanitary sewer treatment
facility and the building owner has been issued all necessary permits
for the sewer connection.
N.
Twenty percent of all dwellings shall be affordable to very-low-,
low- and moderate-income households in strict compliance with Oakland's
Affordable Housing Ordinance.
O.
The affordable housing units generated by this Zone shall comply
in all respects with the requirements and conditions contained within
the settlement agreement between Oakland and Fair Share Housing Center
I.T.M. No. BER-L-6359-15, all relevant orders of the Honorable Christine
A. Farrington, J.S.C., Oakland's Affordable Housing Ordinance and
all applicable New Jersey requirements pertaining to the operation
of privately developed affordable housing.
[Added 6-23-2021 by Ord.
No. 21-Code-838]
A.
Oakland is constitutionally obligated to provide a reasonable opportunity
to comply with its affordable housing obligation. Establishing the
RA-4AH Zone will assist the Borough in satisfying this obligation
by creating a reasonable opportunity for the construction of affordable
housing.
D.
Lot area and other dimensions. Minimum required lot area in this
Zone is 55,000 square feet. Minimum lot width shall be 300 feet, minimum
lot depth shall be no less than 100 feet.
E.
Yards. No principal building shall be located closer than 20 feet
to the front property line. Required side yard setbacks are 15 feet.
Each development shall be provided a rear yard of not less than 25
feet. Accessory structures, recreation facilities and on-site parking
are all permitted in any side or rear yard, or within the front yard
created by the main stem of an interstate highway or part of its ancillary
ramp system, provided that no accessory structure shall project closer
than 15 feet to any property line. These zoning provisions shall be
inserted in Schedule A: Limiting Lot and Yard Sizes and Bulk Principal
Building and Use.
F.
Permitted density shall not exceed 15 dwelling units per acre.
G.
Building height shall not exceed four stories and 52 feet.
H.
Building coverage shall not exceed 30% of the lot.
I.
All areas of the subject site not covered with building, recreational
amenities, pavement or walkways shall be suitably landscaped.
J.
Impervious coverage shall not exceed 50% of the lot.
K.
No more than two signs are permitted, one sign may be a building
mounted wall sign. Said wall sign shall not exceed 30 square feet.
A monument sign of 24 square feet is permitted. Such sign shall not
exceed 12 feet in height. Said sign may be illuminated and shall be
setback no less than 10 feet from the front lot line. Any proposed
sign shall be constructed outside any area necessary for the provision
of safe sight distance.
L.
No construction permit shall be issued for a building in this district
until and unless a site plan application has been submitted and approved
pursuant to this chapter.
M.
No building construction shall commence and no certificate of occupancy
shall be issued until and unless the building owner has been issued
a valid New Jersey Department of Environmental Protection treatment
works approval permit and the building is physically connected to,
through approved plumbing connections, a sanitary sewer treatment
facility and the building owner has been issued all necessary permits
for the sewer connection.
N.
Twenty percent of all dwellings shall be affordable to very-low,
low- and moderate-income households in strict compliance with Oakland's
Affordable Housing Ordinance.
O.
The affordable housing units generated by this Zone shall comply
in all respects with the requirements and conditions contained within
the Settlement Agreement between Oakland and Fair Share Housing Center
I.T.M. No. BER-L-6359-15, all relevant orders of the Honorable Christine
A. Farrington, J.S.C., Oakland's Affordable Housing Ordinance and
all applicable New Jersey requirements pertaining to the operation
of privately developed affordable housing.
[Added 6-23-2021 by Ord.
No. 21-Code-839]
A.
Oakland is constitutionally obligated to provide a reasonable opportunity
to comply with its affordable housing obligation. Establishing the
RA-5AH Zone will assist the Borough in satisfying this obligation
by creating a reasonable opportunity for the construction of affordable
housing.
D.
Access to this property is severely constrained under current conditions
and prior to the development for multifamily housing must be improved.
A developer of this property will be required to create and construct
at its own expense, a municipal street adjacent to the railroad property
and running the entire width of the lot connecting Terhune Street
with Oak Street. The municipal street that is needed to service this
property shall allow for traffic to flow in two directions, may allow
for on-street parking, shall be equipped with a sidewalk and shall
be constructed to municipal standards as approved by the Borough Engineer.
E.
Lot area and other dimensions. Minimum required lot area in this
Zone is 87,120 square feet. Minimum lot width shall be measured along
an existing or proposed municipal street with a right-of-way of no
less than 40 feet. Minimum required lot frontage is 300 feet.
F.
Yards. No principal building shall be located closer than 30 feet
to the front property line. Required side and rear yard setbacks are
50 feet.
G.
Accessory structures, recreation facilities and on-site parking are
all permitted in any side or rear yard, provided that no accessory
structure shall project closer than 50 feet to any property line bordering
on properties in a residential zone and used residentially. When adjacent
to property in the CBD-I Zone, these aforementioned accessory structures
are permitted without a required setback or buffer. These zoning provisions
shall be inserted in Schedule A: Limiting Lot and Yard Sizes and Bulk
Principal Building and Use.
H.
Permitted maximum density for developments with units that are to
be offered for sale shall not exceed 20 units per acre. If units in
the development are to be offered on the rental market, then the maximum
permitted density is 26 units per acres.
I.
Development of this tract as a rental development is limited to no
more than 96 market-rate dwellings and no fewer than 17 affordable
dwelling units. If a for-sale development is proposed, the maximum
number of market rate units shall not exceed 53 dwellings and no fewer
than 17 affordable dwellings.
[Amended 12-20-2021 by Ord. No. 21-Code-869]
J.
With the exception of the bedroom distribution as detailed above,
affordable housing units generated by this Zone shall comply in all
respects with the requirements and conditions contained within the
settlement agreement between Oakland and Fair Share Housing Center
I.T.M. No. BER-L-6359-15, all relevant orders of the Honorable Christine
A. Farrington, J.S.C., Oakland's Affordable Housing Ordinance and
all applicable New Jersey requirements pertaining to the operation
of privately developed affordable housing.
K.
Building height shall not exceed four stories of residential apartments
over a parking level which is permitted to include residential accessory
amenities such as lobby, package room, bike storage and social and
recreational amenities limited to use by building residents and their
guests.
Building height shall not exceed 54 feet above average grade
calculated at building corners to the Roof Plane of the top floor
and specifically excluding any stair towers, elevator shaft and other
roof appurtenances if screened. Cupolas parapets and railings are
building features specially excluded from the calculation of building
height.
[Amended 12-20-2021 by Ord. No. 21-Code-869; 9-14-2022 by Ord. No. 22-Code-892]
(3)
Access to this property is severely constrained under current
conditions and must be improved prior to the development of the site
for multi-family. A developer of this property will be required to
create and construct at its own expense, a municipal street adjacent
to the railroad property and running the entire width of the lot connecting
Terhune Street with Oak Street. This shall be accomplished by the
dedication of an easement or conveyance of the property for roadway
purposes to the Borough. The municipal street that is needed to service
this property shall allow for traffic to flow in two directions, may
allow for on-street parking, shall be equipped with sidewalk and shall
be constructed to municipal standards as approved by the Borough engineer.
(4)
Lot area and other dimensions. Minimum required lot area in
this zone is 87,120 square feet. Minimum lot width shall be measured
along an existing or proposed municipal street with a right of way
or easement of no less than 40 feet. Minimum required lot frontage
is 300 feet.
(5)
Yards. No principal building shall be located closer than 30
feet to the front property line. Required side and rear yard setbacks
are 50 feet.
(6)
Accessory structures, recreation facilities and on-site parking
are all permitted in any side or rear yard, provided that no accessory
structure shall project closer than 50 feet to any property line bordering
on properties in a residential zone and used residentially. When adjacent
to property in the CBD-1 zone, these aforementioned accessory structures
are permitted without a required setback or buffer. These zoning provisions
shall be inserted in Schedule A: Limiting Lot and Yard Sizes and Bulk
Principal Building and Use.
(7)
Permitted maximum density for developments with units that are
to be offered for sale shall not exceed 20 units per acre. If units
in the development are to be offered on the rental market, then the
maximum permitted density is 26 units per acres.
(8)
Development of this site is exempt from the provisions of § 59-45L. The developer of this site, regardless if the development is offered as "for-sale" or as a rental community shall construct 17 affordable dwellings, six of which would contain three-bedrooms, eight of which will contain two-bedrooms and three one-bedroom affordable units.
(9)
With the exception of the bedroom distribution as detailed above,
affordable housing units generated by this zone shall comply in all
respects with the requirements and conditions contained within the
Settlement Agreement between Oakland and Fair Share Housing Center
I.T.M. No. BER-L-6359-15, all relevant Orders of the Honorable Christine
A. Farrington, J.S.C., Oakland's Affordable Housing Ordinance and
all applicable New Jersey requirements pertaining to the operation
of privately developed affordable housing.
(10)
Building height shall not exceed four stories of residential
apartments over a parking level and 54 feet.
(11)
Building coverage shall not exceed 30% of the lot.
(12)
All areas of the subject site not covered with building, recreational
amenities, pavement or walkways shall be suitably landscaped.
(13)
Impervious coverage shall not exceed 70% of the lot.
(14)
No construction permit shall be issued for a building in this
district until and unless a site plan application has been submitted
and approved pursuant to this chapter.
(15)
No building construction shall commence, and no certificate
of occupancy shall be issued until and unless the building owner has
been issued a valid New Jersey Department of Environmental Protection
treatment works approval permit and the building is physically connected
to, through approved plumbing connections, a sanitary sewer treatment
facility and the building owner has been issued all necessary permits
for the sewer connection.
(16)
Minimum parking standards are as established in the Residential
Site Improvement Standards with the understanding that the applicant
can take credit for parking within the proposed municipal street to
be constructed by the applicant at his/her own expense.
(17)
No more than two signs are permitted, one sign may be a building
mounted wall sign. Said wall sign shall not exceed 30 square feet.
A ground-mounted monument sign of 24 square feet is permitted in addition
to the permitted wall sign. Such monument sign shall not exceed 10
feet in height. Said sign may be illuminated and shall be set back
no less than 10 feet from any property line. Any proposed sign shall
be outside any area necessary for the provision of safe sight distance.
L.
Building coverage shall not exceed 30% of the lot.
M.
All areas of the subject site not covered with building, recreational
amenities, pavement or walkways shall be suitably landscaped.
N.
Impervious coverage shall not exceed 50% of the lot.
O.
No construction permit shall be issued for a building in this district
until and unless a site plan application has been submitted and approved
pursuant to this chapter.
P.
No building construction shall commence and no certificate of occupancy
shall be issued until and unless the building owner has been issued
a valid New Jersey Department of Environmental Protection treatment
works approval permit and the building is physically connected to,
through approved plumbing connections, a sanitary sewer treatment
facility and the building owner has been issued all necessary permits
for the sewer connection.
Q.
Minimum parking standards are as established in the Residential Site
Improvement Standards with the understanding that the applicant can
take credit for parking within the proposed municipal street to be
constructed by the applicant at his/her expense.
R.
No more than two signs are permitted, one sign may be a building
mounted wall sign. Said wall sign shall not exceed 30 square feet.
A monument sign of 24 square feet is permitted. Such sign shall not
exceed 10 feet in height. Said sign may be illuminated and shall be
setback no less than 10 feet from any property line. Any proposed
sign shall be outside any area necessary for the provision of safe
sight distance.
[Amended 12-20-2021 by Ord. No. 21-Code-869]
S.
Regardless of the type of tenure (rental vs ownership units) affordable
dwellings shall be price stratified pursuant to Paragraph 10 the Settlement
Agreement. At least 50% of all affordable units in the RA-5AH zone
shall be affordable to low-income households, including 13% affordable
of the affordable units in each bedroom configuration to very-low-income
households.
[Added 12-20-2021 by Ord. No. 21-Code-869]
T.
All affordable
dwelling units shall be governed by controls on affordability and
shall be affirmatively marketed in conformance with the Uniform Housing
Affordability Controls N.J.A.C 5:8-26.1 et. seq.
[Added 12-20-2021 by Ord. No. 21-Code-869]
[Added 6-23-2021 by Ord.
No. 21-Code-841]
A.
The purpose for adopting this District is to create a zone to accommodate
and encourage the construction of sound, decent, attractive and safe
apartments restricted to low-income senior citizen households, as
defined by the Council on Affordable Housing substantive rules.
B.
Permitted principal use in this Zone is restricted to senior citizen
apartments to be organized in a multifamily building.
C.
Any accessory use or structure customarily incidental to and customary
for senior housing development is permitted.
D.
All other uses are prohibited.
E.
Required conditions.
(1)
Lot area and other dimensions. Minimum required lot area in
this zone is 25,000 square feet. Minimum lot width shall be 75 feet,
minimum lot depth shall be no less than 225 feet.
(2)
Yards. No principal building shall be located closer than 20
feet to the front property line. Required side yard setbacks are 10
feet. Each development shall be provided a rear yard of not less than
25 feet. Accessory structures, recreation facilities and on-site parking
are all permitted in any side or rear yard, provided that no accessory
structure shall project closer than five feet to any property line.
These zoning provisions shall be inserted in Schedule A: Limiting
Lot and Yard Sizes and Bulk Principal Building and Use.
(3)
Maximum permitted density is 20 dwelling units per acre.
(4)
The affordable housing units generated by this zone shall comply
in all respects with the requirements and conditions contained within
the Settlement Agreement between Oakland and Fair Share Housing Center
I.T.M. No. BER-L-6359-15, all relevant orders of the Honorable Christine
A. Farrington, J.S.C., and all applicable New Jersey requirements
pertaining to the operation of privately developed affordable housing.
(5)
All residential development shall comply with the New Jersey
Residential Site Improvement Standards pertaining to on-site parking.
If an applicant can demonstrate there is sufficient overnight nearby
parking in proximity to their site, or that compliance with the Residential
Site Improvement Standards are not desirable or necessary, applicants
can seek a reduction in the supply of on-site parking as provided
for under the Residential Site Improvement Standards.
(6)
No construction permit shall be issued for a building in this
District until and unless a site plan application has been submitted
and approved pursuant to this chapter.
(8)
All
developments increasing total impervious surface coverage in this
zone shall be treated as if classified as a major development under
current NJ DEP stormwater regulations and shall enhance stormwater
quality by reducing the average annual total suspended solids loading
in the site's post-construction runoff by 80% and shall manage stormwater
flows such that the peak rate of runoff exiting the site post-construction
is no greater than the pre-construction peak runoff rate.
[Added 8-16-2023 by Ord. No. 23-Code-923]
(9)
No building construction shall commence and no certificate of
occupancy shall be issued until and unless the building owner has
been issued a valid New Jersey Department of Environmental Protection
treatment works approval permit and the building is physically connected
to, through approved plumbing connections, a sanitary sewer treatment
facility and the building owner has been issued all necessary permits
for the sewer connection.
[Added 10-25-2023 by Ord. No. 23-Code-930[1]]
A.
Oakland is constitutionally obligated to provide a reasonable opportunity
for the construction of affordable housing, with a strong focus on
generating rental affordable dwellings. Establishing the MU-AH Zone
will assist the Borough in satisfying this obligation by creating
a reasonable opportunity for the construction of one or more inclusionary
rental affordable housing developments within the context of an integrated,
pedestrian-friendly shopping experience. This zone is intended to
result in the construction of both residential and nonresidential
development within the limits of development intensity prescribed
herein.
B.
Permitted principal uses in this zone include:
C.
Permitted accessory uses in this zone include:
(1)
Outdoor seating areas associated with and on the same lot as
coffee shops, ice cream parlors, restaurants, bakeries and cafes.
(2)
Walk-up service windows and counters.
(3)
Off-street drives and parking areas.
(4)
Solar energy systems. Such systems may be installed only as
an accessory use either on the roof of a permitted principal or conditional
use or as freestanding structures such as above a parking area.
(5)
Recreational and social amenities for the use and enjoyment
of residents and guests.
(6)
Drive-through service windows and accompanying menu boards,
but not to exceed two menu boards per drive-through lane. Menu board(s)
shall be a permitted accessory structure only in the event drive-through
service windows are proposed.
(7)
Signage, as regulated herein.
(8)
Facilities for the temporary storage of trash and recyclables.
F.
Limiting lot and yard sizes and bulk standards for principal buildings
and uses.[2] The following bulk requirements are applicable for all
permitted uses in the MU-AH Zone:
(1)
Lot area and other dimensions. Minimum required lot area in
this zone shall be 15,000 square feet. Due to the integrated nature
of development in this area of the downtown, parking spaces and parking
drives can be located on the property the parking spaces and drives
are intended to serve or these site development features can be provided
on adjacent lots. If on adjacent lots, appropriate cross access easements
must be established and provided to the Board attorney for review
and if acceptable, approval.
(2)
Not more than two principal buildings per lot are permitted
in the zone.
(3)
All nonresidential development constructed after adoption of
this zoning amendment shall be required to make a contribution to
Oakland's affordable housing trust fund consistent with applicable
state statute. Half of the required affordable housing trust fund
contribution shall be paid to Oakland prior to the issuance of any
construction permit. The remaining half of the fee shall be paid prior
to the issuance of either a temporary certificate of occupancy or
a certificate of occupancy.
(4)
Parking and drives. Residential uses shall provide parking pursuant
to the Residential Site Improvement Standards and the statewide electric
vehicle act. Parking spaces and access drives shall be no closer than
10 feet to any public street, other than the drive intersecting with
the roadway. Internal driveway connections and shared parking arrangements
increase overall site efficiency and are therefore encouraged if provisions
are in place to ensure their long-term viability. To encourage shared
parking arrangements between residential and nonresidential developments,
parking spaces and parking drives are not subject to buffer requirements
except as noted above. To ensure that a sufficient number of parking
spaces are provided, nonexclusive parking easements will be required
with provisions that RSIS minimum parking supply will be available
to residential uses.
(5)
Access and/or utility easements must be established in favor
of any property in which drives, parking or utility lines serving
one property pass through from an adjoining privately owned lot regardless
of ownership.
(6)
Yards. Required building setbacks from interstate highways and
associated highway ramps shall be no less than 50 feet for all nonresidential
uses.
(7)
All roof-mounted equipment, other than solar panels, shall be
screened from public view by the use of a parapet wall or other architectural
detail. Typical building appurtenances shall not be included in the
building height calculation, provided that they are shielded from
view, when summed do not cover more than 25% of the roof surface and
are only as high as necessary to fulfill their objective.
(8)
All areas of the subject site not covered with building, recreational
amenities, pavement or walkways shall be suitably and attractively
landscaped.
(9)
Concrete walkways of an adequate width, but not less than four
feet, shall provide safe and convenient access between a developed
lot and the adjacent street sidewalk network.
(10)
Not more than two building-mounted signs are permitted per building.
In calculating the number of building-mounted signs, a logo and the
text portion of a sign located on the same elevation shall be counted
and treated as one sign. Signage on any one elevation shall conform
with the sign area and height limitations below but the area and height
limitations shall be calculated individually for each portion of separate
logo and text portions of a sign and then summed. The area and height
calculations shall not include the building space between a logo and
the text portions of a sign, unless said sign is of a single, unified
and integrated design.
(11)
No individual wall sign shall exceed 50 square feet in size
and shall be mounted no higher than 20 feet above grade. Size of permitted
ground-mounted freestanding/monument or pylon shall not exceed 32
square feet per side. Such freestanding/pylon sign shall not exceed
10 feet in height. Said sign may be illuminated and shall be set back
no less than five feet from any property line. Any proposed sign shall
be outside any area necessary for the provision of safe sight distance.
(12)
One freestanding/pylon/monument sign per lot shall also be permitted.
(13)
Menu boards proposed in conjunction with drive-through window
service shall be permitted and regulated as below.
(14)
Menu board signs, of which two are permitted, shall not exceed
20 square feet in area, and no portion of a menu board shall be higher
than 10 feet above grade. Preorder board signs, of which two are permitted,
shall not exceed 10 square feet in area, nor shall the said pre-order
board signs exceed 10 feet above grade.
(15)
Directional signs shall be permitted as determined by the Planning
Board to properly direct on-site circulation. Directional signs shall
not exceed two square feet in size. Directional signs are limited
in height to three feet.
[2]
Editor's Note: See Schedule A, included as an attachment to this chapter.
G.
Conditions of the conditional use.
(1)
Multifamily inclusionary developments of up to but not exceeding
24 units in total with an affordable housing set aside of not less
than six deed-restricted rental affordable units.
(2)
Market-rate units may be offered as for-sale units or as rental
units.
(3)
Required residential building setbacks to the right-of-way of
an interstate highway and associated ramps shall be a minimum of 35
feet. Building setbacks from all other property lines shall be a minimum
of five feet.
(4)
Accessory structures and recreation facilities are permitted
in any front, side or rear yard, provided that any accessory structure
or use, other than parking and access or parking drives, shall be
set back a minimum of five feet from any property line.
(5)
Not less than 13% of the income-restricted units shall be deed-restricted
to household earning 30% or less of the regional median gross household
income within COAH housing region 1. Thirty-seven percent of all income-restricted
units within each bedroom distribution shall be deed-restricted to
households more than 30% but less than 50% of the median gross household
income within COAH housing region 1. Up to 50% of all income-restricted
units within each bedroom distribution shall be deed-restricted to
households earning between 50% and 80% of the median gross household
income within COAH housing region 1.
(6)
Bedroom distribution among the market-rate units is unregulated
and shall be to developer discretion. However, among the rental affordable
units to be constructed on Block 1706, Lot 4.01, or a subdivided portion
of that lot, shall be in accordance with the following schedule: two
three-bedroom units, three two-bedroom units and a single one-bedroom
unit. Bedroom distribution on any other MU-AH-zoned parcel shall be
in strict accordance with provisions of the Uniform Housing Affordability
Controls.
(7)
Affordable housing units generated in this zone shall comply
in all respects with the requirements and conditions contained within
the Settlement Agreement between Oakland and Fair Share Housing Center
I.T.M. No. BER-L-6359-15, and all amendments thereto, all relevant
Orders of the Honorable Christine A. Farrington, J.S.C., Oakland's
Affordable Housing Ordinance[3] and all applicable New Jersey requirements pertaining
to the operation of privately developed affordable housing.
(8)
No construction permit shall be issued for a building in this
district until and unless a site plan application has been approved
pursuant to this chapter.
(9)
No certificate of occupancy shall issue unless the building
applied for is physically connected to, through approved plumbing
connections, an approved sanitary sewer treatment facility and the
building owner has been issued all necessary permits for the sewer
connection.
(10)
A twenty-four-square-foot building-mounted sign is permitted
so long as height of said sign is not greater than 20 feet above grade.
(11)
Limiting lot and yard sizes and bulk standards for conditional
uses. The following bulk requirements are established as conditions
of the conditional use in the MU-AH Zone:
|
Zone Parameter
|
MU-AH Zone Requirements
|
|---|---|
|
Minimum lot area
|
15,000 square feet
|
|
Minimum lot width*
|
100 feet
|
|
Minimum lot depth
|
150 feet
|
|
Maximum building coverage
|
40%
|
|
Maximum number of building stories
|
4
|
|
Maximum building height
|
52 feet
|
|
Minimum front yard**
|
35 feet
|
|
Minimum side yard
|
5 feet
|
|
Minimum rear yard
|
5 feet
|
|
NOTES:
| |
|
*
|
Measured along front yard setback line from side property line
to side property line.
|
|
**
|
Measured from a public right-of-way.
|
[1]
Editor's Note: This ordinance also repealed former § 59-52.8,
Mixed-Use Affordable Housing Zone (MU-AH), added 8-16-2023 by Ord. No. 23-Code-924.
[Amended 7-11-1979 by Ord. No. 79-Code-773; 10-25-1995 by Ord. No. 95-Code-300]
A.
Within the B-2 Local Business Zones, only the following uses shall
be permitted on any single lot of any required size:
(2)
A professional or business office or studio.
(3)
Retail sales or personal service establishments or restaurants, including
the storage of merchandise and equipment, when entirely within the
building; and banks; provided, however, that no retail sales or personal
services establishments shall be allowed in connection with any car
wash whose purpose is to clean motor vehicles. No outdoor sales or
outdoor auction sales other than the sale of nursery stock and horticultural
products which cannot be ordinarily accommodated indoors shall be
permitted. In the case of restaurants, no outside sale or customer
services shall be permitted in order that the car hop or similar type
may not be allowed. The sale of motor vehicles, when permitted, shall
be deemed to be a single use and shall not be any portion of the generic
category of retail sales which applies to general merchandise department
stores and similar items. No retail or wholesale sales establishment
for any one enterprise shall be of a size in excess of 40,000 square
feet, including the area needed for storage of merchandise and equipment
to be sold in said retail or wholesale sales establishments. No retail
or wholesale sales establishment shall be permitted where the primary
business conducted or intended to be conducted therein is operated
so as to attract and seek to attract customers from an area beyond
Oakland and its immediately adjoining municipalities. Factors to be
considered in making such determination shall include the form of
advertising uses and the area covered by such advertising.
[Amended 2-18-1981 by Ord. No. 81-Code-915]
(4)
A private clubroom; auditorium; private school for gain.
[Amended 5-16-1984 by Ord. No. 84-Code-10]
(5)
A commercial printing shop; railroad or bus station; indoor theater;
mortuary.
(6)
Craft distilleries operating according to and in strict conformance
with a license pursuant to N.J.S.A.33:1-10. Prior to selling any product
for consumption on the distillery property, each and every customer
is required to take a tour of the distillery.
[Added 10-13-2021 by Ord. No. 21-Code-854[1]]
[1]
Editor's Note: Material previously codified under this paragraph
was repealed by Ord. No. 98-Code-356.
(7)
An automobile service station, public garage, subject to the following
conditions:
(a)
No outdoor repair or painting of automobiles shall be made in
connection with any automobile service station or public garage.
(b)
The gasoline dispensing units of any service station shall be
set back at least the average depth of such existing front yard within
the same block, but in no case shall the setback line be less than
35 feet from the curbline or lines of the street on which said premises
shall be located and shall be so located that no vehicles can be serviced
from any portion of the street or sidewalk areas. No mobile gasoline
pump shall be used or operated on the grounds of any such service
station.
(c)
No service station shall be erected on a plot having a front
lot line of less than 150 feet. In the event that said service station
shall be erected on a corner plot, the front line thereof shall be
that line which is opposite the front wall of the service station.
(d)
The entrances to and exits from any such station shall have
a maximum aggregate width of 1/4 the lot line with an allowance of
three-foot curb returns at each end of the street line. The street
lines of such lot on which said service station is erected, other
than said entrances and exits shall be curbed in accordance with the
specifications set forth in the Road Ordinance of the Borough of Oakland.[2]
(e)
No such automobile station shall be permitted within 300 feet
of any lot line of any plot on which any church, school, firehouse
or other public building is erected, nor may an automobile service
station be within 1,500 feet of another automobile service station.
Said distances shall be measured on a straight or air line from
the outer boundary or property line of the proposed automobile station
to the nearest property or boundary line of the automobile service
station nearest the one proposed.
(f)
No such automobile service station shall be erected or remodeled
unless such structure shall provide for at least two separate washrooms,
each having a wash basin and a flush toilet.
(8)
Customary accessory uses to the principal permitted uses, as set
forth above, including, solar energy systems as a use accessory to
a permitted principal use. Solar energy systems may be installed only
as an accessory use either on the roof of a permitted principal or
accessory structure or as free-standing structures including above
a parking area. The following uses shall not be permitted accessory
uses in the B-2 Zone:
[Amended 2-18-1981 by Ord. No. 81-Code-915; 5-22-2013 by Ord. No. 13-Code-685]
(a)
The storage or sale outside of a building of motor vehicles
or dismantled parts of same shall not be construed as a permitted
accessory use incidental to a motor vehicle sales agency, public garage
or automobile service station.
(c)
No building accessory to a building used for business shall
be used for any residential purpose.
(d)
No automobile service station or public garage shall be erected
or remodeled to provide, as an accessory use to the principal permitted
use, a car wash for the purpose of cleaning motor vehicles.
(9)
No billboards or signs shall be erected upon any roof or structure.
(10)
No sign of the suspension type shall hang over any sidewalk
area.
(11)
(Reserved)
[Repealed 10-21-1998 by Ord. No. 98-Code-356]
(12)
Conditional Uses. The uses as identified hereinbelow are permitted
as a conditional use in the B-2 zone, but only if compliance with
each of the following conditions is fully achieved:
[Added 10-13-2021 by Ord.
No. 21-Code-852]
(a)
Limited brewery complying with the following conditions:
[1]
Each and every operator of a limited brewery shall at all times
be in possession of a valid license issued by the New Jersey Alcoholic
Beverage Commission.
[2]
No food, other than incidental snacks, shall be sold or provided
free of charge within the premises of a limited brewery. Patrons may,
however, bring food into or order food to be delivered to the limited
brewery.
[3]
A limited brewery shall brew no more than 300,000 barrels of
malt beverages a year within the limited brewery.
[4]
Limited brewery patrons must complete a facility tour prior
to being eligible to purchase or sample malt beverages produced on
site.
[5]
Limited breweries can host special events, private parties and
social affairs consistent with and in accordance with the restrictions
contained within N.J.S.A. 33:1-10.
[6]
Notwithstanding the fact that a limited brewery is not a restaurant,
most limited breweries have chairs, tables and benches similar to
some restaurants. Due to this commonality, on-site parking requirements
shall be the same as established for restaurants in the B-2 zone while
being a condition attached to the conditional use.
B.
B-3 Neighborhood Business Zone. Those uses permitted in the B-2 Local Business Zone, as defined in Section 59-53, shall be permitted with the following exceptions:
(1)
No fast-food or drive-in restaurants shall be permitted.
(2)
No fast-service or retail grocery store shall be permitted.
(3)
No tourist homes, hotels, motels, private clubrooms, auditoriums
or private schools for gain.
(4)
No banks, savings and loan associations or lending institutions shall
be permitted.
(5)
No automobile sales or dealerships shall be permitted.
(6)
No nursing homes shall be permitted.
(7)
No drive-in or drive-up windows or devices shall be permitted in
connection with any business.
(8)
No nightclubs, cabarets, discotheques, dance halls, theaters or other
establishments primarily engaged in the performance of live entertainment,
films or dancing to live or recorded music.
(9)
Conditional Uses. The uses as identified hereinbelow are permitted
as a conditional use in the B-3 zone, but only if compliance with
each of the following conditions is fully achieved:
[Added 10-13-2021 by Ord.
No. 21-Code-852]
(a)
Limited brewery complying with the following conditions:
[1]
Each and every operator of a limited brewery shall at all times
be in possession of a valid license issued by the New Jersey Alcoholic
Beverage Commission.
[2]
No food, other than incidental snacks, shall be sold or provided
free of charge within the premises of a limited brewery. Patrons may,
however, bring food into or order food to be delivered to the limited
brewery.
[3]
A limited brewery shall brew no more than 300,000 barrels of
malt beverages a year within the limited brewery.
[4]
Limited brewery patrons must complete a facility tour prior
to being eligible to purchase or sample malt beverages produced on
site.
[5]
Limited breweries can host special events, private parties and
social affairs consistent with and in accordance with the restrictions
contained within N.J.S.A. 33:1-10.
[6]
Notwithstanding the fact that a limited brewery is not a restaurant,
most limited breweries have chairs, tables and benches similar to
some restaurants. Due to this commonality, on-site parking requirements
shall be the same as established for restaurants in the B-3 zone while
being a condition attached to the conditional use.
C.
Included in those uses specifically prohibited in the business zones
B-2 or B-3 are the following uses: adult book and/or gift stores;
adult mini-motion-picture theaters; adult motion-picture theaters;
hotels and motels; pawn shops; pool and billiard halls; dance halls
distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas, for either observation or participation by patrons
therein; establishments offering live entertainment which is distinguished
or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas,
either for observation or participation by patrons therein; bars,
taverns, inns, pubs, grog shops and other such similar establishments
holding a Class C liquor license, such that alcoholic beverages may
be consumed or purchased on premises.
[Added 2-20-1980 by Ord.
No. 80-Code-881]
(1)
All of the above cited uses shall be prohibited except as a conditional
use if the Planning Board shall determine, in its discretion, that
such use shall be given such status based on the following standards:
(a)
That the proposed use will not cause substantial detriment to
the public good, in general, nor impair the intent and purpose of
this chapter and of the Master Plan.
(b)
That the proposed use will not enlarge or encourage the development
of a skid row area.
(c)
That the establishment of any other prohibited use in the area
will not be contrary to any pro-gram of neighborhood conservation.
(d)
That all other applicable regulations of this chapter will be
observed.
(2)
Should any use pursuant to this subsection be authorized as a conditional
use by the Planning Board, said use shall, in no event be located
within 1,500 feet of any other such use or within 1,500 feet of any
area either zoned for residential use or utilized for residential
purposes within the borough.
D.
Conditional Use - B-2 Zone. The use as identified hereinbelow is
permitted as a conditional use in the B-2 zone, but only if compliance
with each of the following conditions is fully achieved:
(1)
Brewpub complying with the following conditions:
[Added 10-13-2021 by Ord.
No. 21-Code-853]
(a)
Each and every operator of a brewpub shall at all times be in
possession of a valid Restricted Brewery License issued by the New
Jersey Alcoholic Beverage Commission.
(b)
Every brewpub must be adjoining a retail consumption licensed
premises operating as a working, restaurant with both kitchen and
dining facilities. Said retail consumption licensed premises must
be licensed identically as the entity operating the brewpub under
a Restricted Brewery License.
(c)
A brewpub shall brew no more than 10,000 barrels of malt alcoholic
beverages a year. The malt alcoholic beverage product produced shall
be distributed to the restaurant required to be adjacent to the brewery.
Holder of a Restricted Brewery License may also sell and distribute
malt alcoholic product to licensed wholesalers. If the director of
the Division of Alcoholic Beverage Control has issued a permit, the
owner of the Restricted Brewery License may offer samples for promotional
purposes at charitable or civic events not held at the licensed restaurant
premises.
(d)
On-site parking requirements applicable to brewpubs shall be
the same as established for restaurants in the B-2 zone while being
a condition attached to the conditional use.
E.
Conditional Use - B-3 Zone. The use as identified hereinbelow is
permitted as a conditional use in the B-3 zone, but only if compliance
with each of the following conditions is fully achieved:
(1)
Brewpub complying with the following conditions:
[Added 10-13-2021 by Ord.
No. 21-Code-853]
(a)
Each and every operator of a brewpub shall at all times be in
possession of a valid Restricted Brewery License issued by the New
Jersey Alcoholic Beverage Commission.
(b)
Every brewpub must be adjoining a retail consumption licensed
premises operating as a working restaurant with both kitchen and dining
facilities. Said retail consumption licensed premises must be licensed
identically as the entity operating the brewpub under a Restricted
Brewery License.
(c)
A brewpub shall brew no more than 10,000 barrels of malt beverages
a year. The malt alcoholic beverage product produced shall be distributed
to the restaurant required to be adjacent to the brewery. Holder of
a Restricted Brewery License may also sell and distribute malt alcoholic
product to licensed wholesalers. If the director of the Division of
Alcoholic Beverage Control has issued a permit, the owner of the Restricted
Brewery License may offer samples for promotional purposes at charitable
or civic events not held at the licensed restaurant premises.
(d)
On-site parking requirements shall be the same as established
for restaurants in the B-3 zone while being a condition attached to
the conditional use.
[Added 9-19-2012 by Ord.
No. 12-Code-672; amended 5-22-2013 by Ord. No. 13-Code-685; 9-22-2021 by Ord. No. 21-Code-850; 10-13-2021 by Ord.
No. 21-Code-852; 10-13-2021 by Ord. No. 21-Code-853; 10-13-2021 by Ord. No.
21-Code-854; 12-20-2021 by Ord. No. 21-Code-866; 12-20-2021 by Ord. No.
21-Code-868; 8-16-2023 by Ord. No. 23-Code-925]
A.
Within the Downtown District-I Zone, only the following compatible
land uses, in a distinctive streetscape which enhances and promotes
the commercial and civic center of the Borough, shall be permitted
on any property in the zone pursuant to the recommendations contained
within the Borough's Master Plan and forming an integrated and
compatible design with respect to the relationship and location of
land uses, buildings, historic structures, parking, signage, circulation,
walkways, landscape amenities and buffer features:
(1)
Antique shops, art galleries, appliance stores, arts and craft
shops, auto parts, bakery shops, record and CD stores, eyewear and
optical stores,, bookstores, building-mounted wireless communication
antennas and ancillary equipment exclusive of towers and/or poles,
butcher shops, camera stores, card shops, chinaware/flatware and glassware
shops, cigar stores, dry-cleaning stores, dry-goods and variety stores,
clothing stores, dress shops, candy stores and confectioneries, coin
stores, convenience stores, delicatessens, drapers, electronics stores,
flower shops, furniture stores, garden equipment, home furnishing
stores, gift shops, gourmet and specialty food stores, hardware stores,
paint and wallpaper stores, hobby shops, interior decorators, jewelers,
leather goods shops, hair accessory shops, knitting supplies stores,
linen stores, picture framing shops, package liquor stores intended
primarily for retail distribution for off-premises consumption, music
shops, musical instruments stores, shoe repair shops, pet shops, pharmacies,
photograph equipment, post offices, radio and television repair shops,
recreation equipment stores, telecommunications stores, custom packaging
and retail mail services, provided that the service is incidental
to the main use, coffee shops, ice cream parlors, shoe stores, sporting
goods, stationers, tailor shops, toy stores, travel and ticket agencies,
wearing apparel; provided, however that none of the foregoing permitted
uses shall carry merchandise other than that to be sold at retail
on the premises.
(2)
Sit-down restaurants, bars, cafes and taverns.
(3)
Business and professional offices.
(4)
Medical, chiropractic, dental offices.
(5)
Financial institutions such as banks, brokerage houses, finance
companies, insurance companies and stockbrokers providing clients
and customers with access to advice, assets and information.
(6)
Health clubs, exercise studios and commercial gyms.
(7)
Pet care and grooming services, but not including overnight
boarding of animals.
(8)
Personal service providers limited to barbershops, beauty parlors,
skin and nail boutiques.
(9)
Athletic and sport training studios, such as sport simulators,
golf putting practice greens, baseball, basketball, football, lacrosse,
softball, volleyball training and wall climbing.
(10)
Art, dance, martial arts, photography, music and voice instructional
studios.
(11)
Educational and lifestyle enhancement skill centers, such as
yoga, meditation, life coach, weight loss centers, language arts centers.
(12)
Internet website and design, hosting services.
(13)
Real estate office.
(14)
Craft distilleries operating according to and in strict conformance
with a license pursuant to N.J.S.A.33:1-10. Prior to purchasing any
product for consumption on the distillery property, each and every
customer is required to take a tour of the distillery.
(15)
Child-care facilities, pursuant to N.J.S.A. 40:55D-66.6.
(16)
Governmental buildings and uses.
(17)
Houses of worship and associated educational facilities including
parish houses, rectories and convents.
(18)
Mixed-use buildings and developments consisting of two or more
principally permitted uses.
B.
Accessory permitted uses allowed in the Downtown-1 Zone include the
following:
(1)
Outdoor dining and seating areas, with or without tents, associated
with and on the same lot as coffee shops, ice cream parlors, restaurants
and cafes.
(2)
Walk-up, but not drive-up, service windows and counters.
(3)
Off-street parking.
(4)
Fences and walls.
(5)
Signs.
(6)
Facilities for the temporary storage of rubbish, trash and recycling
materials.
(7)
Solar energy systems only as a use accessory to a permitted
principal use. Solar energy systems may be installed only as an accessory
use either on the roof of a permitted principal or accessory structure
or as freestanding structures included above a parking area.
C.
Conditionally permitted uses allowed in the Downtown-1 Zone include
the following:
(1)
Limited brewery complying with the following conditions:
(a)
Each and every operator of a limited brewery shall at all times
be in possession of a valid license issued by the New Jersey Alcoholic
Beverage Commission.
(b)
No food, other than incidental snacks, shall be sold or provided
free of charge within the premises of a limited brewery. Patrons may,
however, bring food into or order food to be delivered to the limited
brewery.
(c)
A limited brewery shall brew no more than 300,000 barrels of
malt beverages a year within the limited brewery.
(d)
Limited brewery patrons must complete a facility tour prior
to being eligible to purchase or sample malt beverages produced on
site.
(e)
Limited breweries can host special events, private parties and
social affairs consistent with and in accordance with the restrictions
contained within N.J.S.A. 33:1-10.
(f)
Notwithstanding the fact that a limited brewery is not a restaurant,
most limited breweries have chairs, tables and benches similar to
some restaurants. Due to this commonality, on-site parking requirements
shall be the same established for restaurants in the Downtown-1 Zone
while being a condition attached to the conditional use.
(2)
Limited brewpub complying with the following conditions:
(a)
Each and every operator of a brewpub shall at all times be in
possession of a valid Restricted Brewery License issued by the New
Jersey Alcoholic Beverage Commission.
(b)
Every brewpub must be adjoining a retail consumption licensed
premises operation as a working restaurant with both kitchen and dining
facilities. Said retail consumption licensed premises must be licensed
identically as the entity operating the brewpub under a Restricted
Brewery License.
(c)
A brewpub shall brew no more than 10,000 barrels of malt beverages
a year. The malt alcoholic beverage product shall be distributed to
the restaurant required to be adjacent to the brewery. Holder of a
Restricted Brewery License may also sell and distribute malt alcoholic
beverage product to licensed wholesalers. If the director of the Division
of Alcoholic Beverage Control has issued a permit, the owner of the
Restricted Brewery License may offer samples for promotional purposes
at charitable or civic events not held at the licensed restaurant
premises.
(d)
On-site parking requirements shall be the same as established
for restaurants in the Downtown-I Zone while being a condition attached
to the conditional use.
D.
Uses specifically prohibited in the Downtown-1 Zone include the following:
E.
Buffer requirements. There shall be established along any property
line that is contiguous to the RA-3 Zone a buffer area of at least
15 feet in width. The buffer area shall be well landscaped and may
include fencing as required to provide appropriate screening of parking
areas and buildings from the adjoining residential district. No building
or impervious surface shall be permitted within the buffer area. Grading
and earthwork shall not be permitted within the buffer area except
to enhance the integrity of the buffer, such as the creation or supplementing
of earthen berms. Existing vegetation should be preserved in the buffer
area where practical.
F.
Supplemental development standards. These following standards are
not conditions associated with a conditional use. Deviations from
these criteria are cognizable as 40:55D-70c variances.
(1)
All roof-mounted equipment shall be screened from public view
by the use of a parapet wall or other architectural detail. Typical
building appurtenances shall not be included in the building height
calculation, provided that they are shielded from view and do not
cover more than 15% of the roof surface.
(2)
All single-story buildings are recommended to have a pitched
roof. If a pitched roof is not possible, then a combination of a flat
roof and pitched roof or a false roof structure is recommended.
(3)
Materials for pitched roofs shall be limited to architectural
dimensional grade asphalt shingles, natural slate, natural terra cotta,
natural wood shakes, copper or factory-finished sheet metal.
(4)
All buildings with flat roofs shall include a parapet articulation
on the front facade of the building. The articulation should be provided
through a cornice design.
(5)
Buffer areas. Buffers from adjacent residential properties shall
comply with the following standards:
(a)
Landscaped berms shall be incorporated to accentuate the screening
qualities of the landscaping proposed. Berms shall be a minimum of
two feet in height. The width should vary with side slopes of one
to five to one to two without adversely affecting natural drainage
or slope retention.
(b)
Berms shall be overlapping where drainage swales are required
to pass through them. The final design must be reflected upon the
grading and drainage plan.
(c)
Landscaping shall be designed to complement the berms and shall
be designed to provide a screen along the majority of the buffer area.
Planting shall be installed at a variety of sizes which conform to
the following minimum sizes:
|
Shade trees
|
3-inch caliper (12 to 14 feet)
|
|
Evergreen trees
|
7 to 8 feet
|
|
Shrubs
|
18 to 24 inches
|
(d)
Landscaping within the buffer area shall include a predominance
of evergreens to provide buffering during the dormant seasons.
(6)
Streetscape. The development shall include a cohesive thematic
streetscape design, consistent and compatible with previously installed
streetscape designs on the same side or opposite side of the street
block, if any, that includes such items as sidewalk pavement design,
stylized street lighting and thematic street tree planting. Developer
proposed improvements to be planted, installed or constructed within
public rights-of-way shall be approved by the governing body prior
to construction or installation. Streetscape improvements in the public
right-if-way shall conform with adopted municipal standards.
(a)
Site and yard lighting, if any, should incorporate the use of
stylized light fixtures that complement the proposed building architecture.
The following standards shall apply:
[1]
Light fixtures should incorporate sufficient photometric controls
which shield the source of lighting from adjacent buildings or properties.
[2]
Height of the street lighting fixtures should be residential
in scale and should not exceed a twelve-foot mounting height.
[3]
Lighting levels proposed should conform to all applicable ordinance
standards provided herein.
(7)
Pedestrian crossings of roadways should be accentuated through
the use of differential pavement crossings.
(8)
Any and all developments increasing total impervious surface
coverage in this zone shall be treated as if classified as a major
development under current NJ DEP stormwater regulations and shall
enhance stormwater quality by reducing the average annual total suspended
solids loading in the site's post-construction runoff by 80%
and shall manage stormwater flows such that the peak rate of runoff
exiting the site post-construction is no greater than the pre-construction
peak runoff rate.
G.
Design criteria for buildings in the Downtown-I Zone. The following
standards are design guidelines that are strongly encouraged for use
in the Downtown-I Zone. All portions of a site not developed with
buildings, parking lots, or walks should be suitably landscaped as
set forth above.
(1)
Building facade wall area.
(a)
All work performed within the Downtown-I Zone should be visually
compatible with the existing streetscape and be constructed from the
same, similar or complementary materials.
(b)
Massing of new buildings and additions to existing buildings
should appear to be balanced. Buildings should be in proportion to
and of a similar scale to existing buildings.
(c)
Buildings with expansive blank exterior walls are discouraged.
Windows and other architectural devices should give each wall detail
and interest.
(d)
Colors employed on new buildings and additions to existing buildings
should be visually compatible with the overall historic streetscape
of the zone.
(e)
Architectural detailing. All proposed building facades of each
building should have a coordinated architectural design and style.
The architectural detailing of buildings shall be true to the architectural
style or theme selected for the development. The architectural elevations
should provide some differentiation from building to building on a
tract to create variety and interest but should not be so dissimilar
as to detract from the overall architectural composition of the development.
(f)
For each primary building frontage, at least 30% of the area
between three feet and 10 feet in height should be clear/nontinted
window glass permitting a view of the building's interior.
(g)
All related piping, ducting, electrical and mechanical utilities,
antennas, downspouts, utility receptacles, and service boxes should
be painted to match the predominant color of building and be designed
to be compatible with the architectural treatment of the principal
structure.
(h)
Architectural details of the facade improvements should wrap
around and be repeated on walls that are visible from public rights-of-way
and off-street parking areas.
(2)
Columns and piers.
(a)
It is recommended that buildings that exceed 30 feet in width
should include vertical piers, columns or other vertical visual elements
that break up the plane of the building frontage. The vertical elements
should be spaced at equal intervals. Vertical visual elements can
include articulations in the facade itself such as insets or projections.
(b)
Recommended column and pier width is between eight inches and
30 inches.
(c)
Recommended column and pier base height is between 10 inches
and 24 inches.
(d)
Recommended column and pier cap height is between six inches
and 24 inches.
(3)
Cornice and fascia.
(a)
Each facade should be designed to have a delineated floor line
between the street level and upper floors. This delineation can be
in the form of a masonry belt course, a concrete lintel, or a cornice
line delineated by wood detailing.
(b)
The top of the building is recommended to be capped by a cornice
or sloping roof element.
(4)
Windows.
(a)
All street-fronting ground-level developments should have windows
that are clear and not tinted, mirrored, or painted. However, seasonal
painting of design windows is encouraged so long as the seasonal painting
is removed no later than 89 days after painting.
(b)
Display windows should cover a minimum of 30% of the building
frontage.
(c)
Display windows should be positioned within a maximum of three
feet above the grade of the sidewalk and a maximum height of eight
feet.
(d)
The windows on the upper levels should have an appropriate sill
or lentil to accent building openings and provide architectural interest.
(e)
Bulkheads should have a maximum height of three feet and be
comprised of the same architectural detailing, materials, and colors
as the windows.
(f)
Window displays and signage not attached to the structure of
the window itself should not occupy more than 20% of the window area.
(g)
Window displays located within 36 inches of the window should
occupy not more than 70% of the window area.
(5)
Doors.
(a)
The doors and windows should cover a minimum of 50% of the building
frontage on the street level.
(6)
Canopies and awnings.
(a)
Awnings over windows should match the color of the wall area
or trim and are to be clearly integrated into the design of the storefront.
(b)
Canopies and awnings shall not project closer than three feet
to the curb line.
(c)
Canopies and awnings shall not be lower than seven feet from
grade level.
(d)
Canopies and awnings should be comprised of canvas/fabric material.
Metal or plastic material is discouraged.
(e)
Structural elements supporting canopies and awnings should be
constructed of a tubular galvanized metal such as aluminum, bronze
or copper.
(f)
For multitenant buildings, the awnings for each retail space
should be of the same material.
(g)
The length of the awning should complement the architectural
details of the building. For example, the awning should break for
columns and piers.
(h)
Canopies should be one solid color, exclusive of any signage
incorporated into or on the canopy.
(i)
A logo should not be larger than six square feet in area.
(j)
The lettering on valence signs should be between six inches
and nine inches in height and should not occupy more than 70% of the
valence area of the canopy.
[Added 6-23-2021 by Ord.
No. 21-Code-842; amended 9-22-2021 by Ord. No. 21-Code-850; 12-20-2021 by Ord. No. 21-Code-868; 9-14-2022 by Ord. No. 22-Code-891; 8-16-2023 by Ord. No. 23-Code-927]
Permitted uses for this zone include each of the following:
A.
All principal permitted uses and accessory uses for the underlying
zone are allowed.
B.
Each and every use prohibited in the Downtown-I District Zone is
also prohibited in the Downtown-I Affordable Housing Overlay.
C.
Inclusionary housing developments on upper floors only as a principal
permitted use. Residential use on the ground or first floor of any
property in the DT-I AHO is a prohibited use. Inclusionary housing
development is a permitted principal use only within the second and
third floors.
D.
Each inclusionary housing development shall provide Council on Affordable
Housing or Court credit-worthy affordable housing dwelling units on-site.
Payments in lieu of constructing affordable units does not increase
the amount of affordable housing in Oakland and is therefore not a
permitted development option in this zone. In specific situations
the Borough will accept a payment in lieu of constructing affordable
housing, but only in those circumstances when a developer's affordable
housing obligation is a fractional requirement of less than 0.5 affordable
units. If the obligation includes a fraction equal to or greater than
0.5, the obligation will be rounded up and an additional affordable
housing unit will be required.
E.
Schedule of Limiting Lot and Yard sizes and Bulk Principal Building
and Use as adopted for the DT-I zone is hereby adopted for the DT-I
Affordable Housing Overlay with the only change between the DT-I and
DT-I Overlay shall be concerning building height. The number of building
stories remains the same at three with permitted building height for
the DT-I Overlay established at 44 feet. In all other ways, the area
and bulk standards between the DT-I and DT-II Overlay are the same.[1]
[1]
Editor's Note: The Schedule may be found as an attachment
to this chapter.
F.
The affordable housing units generated by this zone shall comply
in all respects with the requirements and conditions contained within
the Settlement Agreement between Oakland and Fair Share Housing Center
I.T.M. Bo. BER-L-6359-15, all relevant Orders of the Honorable Christine
A. Farrington, J.S.C., the Oakland Affordable Housing Ordinance and
all applicable New Jersey requirements pertaining to the operation
of privately developed affordable housing.
G.
Permitted residential density shall not exceed 18 dwelling units
per acre.
H.
All residential parking shall comply with the New Jersey Residential
Site Improvement Standards. Pursuant to N.J.A.C. 5:21-4.14(e), when
housing is included in mix-use development, a shared parking approach
to the provision of parking shall be permitted. Furthermore, if applicants
can demonstrate there is sufficient overnight on-street parking in
proximity to their site, applicants can apply those available spaces
to their development on a non-exclusive basis.
I.
Residential uses are permitted in this zone in the upper floors of
buildings. If residential use of any type is to occupy building space
lower than the second floor, compliance with the following provisions
is required:
(1)
The parcel of land upon which first-floor residential construction
is proposed is larger than 21,780 square feet in area.
(2)
The total amount of first-floor residential building area, including
but not limited to apartments, corridors, lobbies, stair and elevator
space, amenity space, package delivery space, mail room, bike storage
areas and other residential support space, shall not exceed 25% of
the first-floor area of the building.
J.
All
developments increasing total impervious surface coverage in this
zone shall be treated as if classified as a major development under
current NJ DEP stormwater regulations and shall enhance stormwater
quality by reducing the average annual total suspended solids loading
in the site's post-construction runoff by 80% and shall manage stormwater
flows such that the peak rate of runoff exiting the site post-construction
is no greater than the pre-construction peak runoff rate.
[Amended 9-19-2012 by Ord. No. 12-Code-673; 5-22-2013 by Ord. No. 13-Code-685; 10-13-2021 by Ord. No.
21-Code-852; 10-13-2021 by Ord. No. 21-Code-853; 10-13-2021 by Ord. No.
21-Code-854; 12-20-2021 by Ord. No. 21-Code-867; 8-16-2023 by Ord. No. 23-Code-926]
A.
The purpose of the Downtown-II District is to acknowledge that, although
this portion of the Borough has contributed to the vitality of the
commercial hub of the Borough, it is somewhat removed from the central
commercial core by the railroad crossing of Ramapo Valley Road and
the intersection of West Oakland Avenue with Ramapo Valley Road. These
physical features provide an opportunity to craft zoning regulations
specifically designed for those commercial properties along Ramapo
Valley Road north of the railroad corridor.
B.
Permitted uses. Within the Downtown-II Zone, only the following land
uses shall be permitted on any property in the zone:
(1)
Antique shops, art galleries, arts and craft shops, bakery shops,
book, record and CD stores, eyewear and optical stores, bookstores,
building-mounted wireless communication antennas and ancillary equipment,
except for towers and/or poles, butcher shops, camera stores, card
shops, chinaware/flatware and glassware shops, cigar stores, convenience
stores, dry-cleaning stores, dry-goods and variety stores, clothing
stores, dress shops, candy stores and confectioneries, coin stores,
delicatessens, drapers, flower shops, furniture stores, home furnishing
stores, gift shops, gourmet and specialty food stores, hardware stores,
paint and wallpaper stores, hobby shops, interior decorators, jewelers,
leather goods shops, hair accessory shops, knitting supplies stores,
linen stores, picture framing shops, package liquor stores intended
primarily for retail distribution for off-premises consumption, music
shops, musical instruments stores, shoe repair shops, pet shops, pharmacies
with or without drive-up service, photograph equipment and studios,
post offices, radio and television repair shops, telecommunications
stores, custom packaging and retail mail services, provided that the
service is incidental to the main use, coffee shops with or without
drive-up service, ice cream parlors, shoe stores, sporting goods,
stationers, tailor shops, toy stores, travel and ticket agencies,
wearing apparel; provided, however, that none of the foregoing permitted
uses shall carry merchandise other than that to be sold at retail
on the premises.
(2)
Sit-down restaurants, bars and taverns.
(3)
Business and professional offices.
(4)
Medical, dental and chiropractic offices.
(5)
Financial institutions such as banks, brokerage houses, finance
companies, insurance companies and stockbrokers providing clients
and customers with access to advice, assets and information.
(6)
Health clubs, exercise studios and commercial gyms.
(7)
Pet care and grooming services, but not including overnight
boarding of animals.
(8)
Personal service providers, such as barbershops, beauty parlors,
skin and nail boutiques.
(9)
Athletic and sport training studios limited to sport simulators,
golf putting practice greens, baseball, basketball, football, lacrosse,
softball, volleyball training and wall climbing.
(10)
Art, dance, martial arts, photography, music and voice instructional
studios.
(11)
Educational and lifestyle enhancement skill centers such as,
yoga, meditation, life coach, weight loss centers, language arts centers.
(12)
Internet website and design, hosting services.
(13)
Craft distilleries operating according to and in strict conformance
with a license pursuant to N.J.S.A. 33:1-10. Prior to purchasing any
product for consumption on the distillery property, each and every
customer is required to take a tour of the distillery.
(14)
Real estate office.
(15)
Child-care facilities, pursuant to N.J.S.A. 40:55D-66.6.
(16)
Governmental buildings and uses.
(17)
Houses of worship and associated facilities, including parish
houses, rectories and convents.
(18)
Mixed-use buildings and developments consisting of two or more
principally permitted uses.
C.
Accessory permitted uses allowed in the Downtown-II Zone include
the following:
(1)
Outdoor seating areas associated with and on the same lot as
coffee shops, ice cream parlors, restaurants and cafes.
(2)
Drive-up and walk-up service windows and counters.
(3)
Off-street parking.
(4)
Fences and walls.
(5)
Signs.
(6)
Facilities for the temporary storage of rubbish, trash and recycling
materials.
(7)
Solar energy systems. Such systems may be installed only as
a use accessory to a permitted principal use either on the roof of
a permitted principal or accessory structure or as freestanding structures
such as above a parking area.
E.
Buffer requirements. There shall be established along any property
line that is contiguous to the RA-3 Zone, a buffer area of at least
15 feet in width. The required buffer area shall be well landscaped
and may include fencing as required to provide appropriate screening
of parking areas and buildings from the adjoining residential district.
No building or impervious surface shall be permitted within the buffer
area. Grading and earthwork shall not be permitted within the buffer
area except to enhance the integrity of the buffer, such as the creation
or supplementing of earthen berms. Existing vegetation shall be preserved
in the buffer area where practical.
F.
Supplemental development standards. These following standards are
not conditions associated with the conditional use. Deviations from
these criteria are cognizable as 40:55D-70c variances.
(1)
All roof-mounted equipment shall be screened from public view
by the use of a parapet wall or other architectural detail. Typical
building appurtenances shall not be included in the building height
calculation, provided that they are shielded from view and do not
cover more than 15% of the roof surface.
(2)
All one-story buildings are recommended to have a pitched roof.
If a pitched roof is not possible, then a combination of a flat roof
and pitched roof or a false roof structure is recommended.
(3)
Materials for pitched roofs shall be limited to architectural
dimensional grade asphalt shingles, natural slate, natural terra cotta,
natural wood shakes, copper or factory-finished sheet metal.
(4)
All buildings with flat roofs shall include a parapet articulation
on the front facade of the building. The articulation shall be provided
through a cornice design.
(5)
Landscaping. Each proposed development shall include a cohesive
thematic on-site landscape design, consistent and compatible with
previously installed streetscape designs on the same side or opposite
side of the street block, if any, that includes such items as sidewalk
pavement design, stylized street lighting and thematic street tree
planting. Developer proposed improvements to be planted, installed
or constructed within public rights-of-way shall be approved by the
governing body prior to installation or construction. Streetscape
improvements in the public right-of-way shall conform with adopted
municipal standards. The streetscape shall include the following elements:
(a)
Sidewalk areas shall include creative use of colored or decoratively
scored concrete;
(b)
Site and yard lighting shall incorporate the use of stylized
light fixtures that complement the proposed building architecture.
The following lighting standards shall apply:
[1]
Light fixtures shall incorporate sufficient photometric controls
which shield the source of lighting from adjacent buildings or properties;
[2]
Height of the street lighting fixtures shall not exceed a twelve-foot
mounting height;
[3]
Illumination levels proposed shall conform to all applicable
ordinance standards provided herein.
(c)
Pedestrian crossings of roadways shall be accentuated through
the use of differential pavement crossings;
(d)
Shade trees. Shade and/or ornamental trees shall be provided
for parking areas and shall be in accordance with the following standards:
[1]
Shade tree planting layout shall complement the overall theme
for the development as a whole;
[2]
Spacing between trees shall be determined based upon species
and the desired theme. The spacing shall range between 25 feet to
35 feet on center. There shall be a minimum of one shade tree per
10 parking spaces within all parking lots;
[3]
Several species of shade trees shall be incorporated into the
design of the overall project to avoid problems associated with a
monoculture;
[4]
Choice of tree species shall be based on form and on-site conditions
and shall be subject to the approval of the Shade Tree Committee;
[5]
Shade trees shall be a minimum of three inches in caliper.
(6)
Any and all developments increasing total impervious surface
coverage in this zone shall be treated as if a major development under
current NJ DEP stormwater regulations and shall enhance stormwater
quality by reducing the average annual total suspended solids loading
in the site's post-construction runoff by 80% and shall manage
stormwater flows such that the peak rate of runoff exiting the site
post-development is no greater than the pre-construction rate.
G.
Design requirements applicable to buildings in the Downtown-II Zone.
The following standards are design guidelines that are strongly encouraged
for use in the Downtown-II zone. All portions of a site not developed
with buildings, parking lots, or walks should be suitably landscaped.
(1)
Building facade wall area.
(a)
All work performed within the Downtown-II District shall be
visually compatible with the existing streetscape and be constructed
from the same, similar, or complementary materials.
(b)
Massing of new buildings and additions to existing buildings
should appear to be balanced. Buildings should be in proportion to
and of a similar scale to existing buildings.
(c)
Buildings with expansive blank exterior walls are discouraged.
(d)
Colors employed on new buildings and additions to existing buildings
should be visually compatible with the overall historic streetscape
of the zone.
(e)
Architectural detailing. All proposed building facades should
have a coordinated architectural design and style. The architectural
detailing of buildings shall be true to the architectural style or
theme selected for the development. The architectural elevations should
provide some differentiation from building to building on a tract
to create variety and interest but should not be so dissimilar as
to detract from the overall architectural composition of the development.
(f)
For each primary building frontage, at least 30% of the area
between three feet and 10 feet in height should be clear/nontinted
window glass permitting a view of the building's interior.
(g)
All related piping, ducting, electrical and mechanical utilities,
antennas, downspouts, utility receptacles, and service boxes should
be painted to match the predominate color of the building and designed
to be compatible with the architectural treatment of the principal
structure.
(h)
Architectural details of the facade improvements should wrap
around and be repeated on walls that are visible from public rights-of-way
and off-site parking areas.
(2)
Columns and piers.
(a)
It is recommended that buildings that exceed 30 feet in width
should include vertical piers, columns or other vertical visual elements
that break up the plane of the building frontage. The vertical elements
should be spaced at equal intervals. Vertical visual elements can
include articulations in the facade itself such as insets or projections.
(b)
Recommended column and pier width is between eight inches and
30 inches.
(c)
Recommended column and pier base height is between 10 inches
and 24 inches.
(d)
Recommended column and pier cap height is between six inches
and 24 inches.
(3)
Cornice and fascia.
(a)
Each facade should be designed to have a delineated floor line
between the street level and upper floors. This delineation can be
in the form of a masonry belt course, a concrete lintel, or a cornice
line delineated by wood detailing.
(b)
The top of the building is recommended to be capped by a cornice
or sloping roof element.
(4)
Windows.
(a)
All street-fronting ground level developments should have windows
that are clear and not tinted, mirrored, or painted.
(b)
Display windows should cover a minimum of 30% of the building
frontage.
(c)
Display windows should be positioned within a maximum of three
feet above the grade of the sidewalk and a maximum height of eight
feet.
(d)
The windows on the upper levels should have an appropriate sill
or lentil to accent the openings and provide architectural interest.
(e)
Bulkheads should have a maximum height of three feet and be
comprised of the same architectural detailing, materials, and colors
as the windows.
(f)
Window displays and signage not attached to the structure of
the window itself should not occupy more than 20% of the window area.
(g)
Window displays located within 36 inches of the window should
occupy not more than 70% of the window area.
(6)
Canopies and awnings.
(a)
Awnings over windows should match the color of the wall area
or trim and are to be clearly integrated into the design of the store
front.
(b)
Canopies and awnings should not project closer than three feet
from the curb line.
(c)
Canopies and awnings should not be lower than seven feet from
grade level.
(d)
Canopies and awnings should be comprised of canvas/fabric material.
Metal or plastic material is discouraged.
(e)
Structural elements supporting canopies and awnings should be
constructed of a tubular galvanized metal such as aluminum, bronze
or copper.
(f)
For multitenant buildings, the awnings or canopies of each retail
tenant space should be of the same material.
(g)
The length of the awning should complement the architectural
details of the building. For example, the awning shall break for columns
and piers.
(h)
Canopies should be one solid color, exclusive of any signage
incorporated into or on the canopy.
(i)
A logo should not be larger than six square feet in area.
(j)
The lettering on valance signs should be between six inches
and nine inches in height and should not occupy more than 70% of the
valance area.
[Added 6-23-2021 by Ord.
No. 21-Code-842; amended 9-22-2021 by Ord. No. 21-Code-850; 12-20-2021 by Ord. No. 21-Code-868; 9-14-2022 by Ord. No. 22-Code-891; 8-16-2023 by Ord. No. 23-Code-927]
Permitted uses for this zone include each of the following:
A.
All principal permitted uses,
accessory uses and conditional uses for the underlying zone are allowed.
B.
Each and every use prohibited in the Downtown II Zone
is also prohibited in the Downtown-II Affordable Housing Overlay.
C.
Inclusionary housing developments on upper floors only as a principal
permitted use. Residential use on the ground or first floor of any
property in the DT-II AHO is a prohibited use. Inclusionary housing
development is a permitted principal use only within the second and
third floors.
D.
Each inclusionary housing development shall provide Council on Affordable
Housing or Court creditworthy affordable housing units on-site. Payments
in lieu of constructing affordable units does not increase the amount
of affordable housing in Oakland and is therefore not a permitted
option in this zone. In specific situations the Borough will accept
a payment in lieu of constructing affordable housing, but only in
those circumstances when a developer's affordable housing obligation
is a fractional requirement of less than 0.5 affordable units. If
the obligation includes a fraction greater than 0.5, the obligation
will be rounded up and an additional affordable housing unit will
be required.
E.
Schedule of Limiting Lot and Yard sizes and Bulk Principal Building
and Use as adopted for the DT-II zone is hereby adopted for the DT-II
Overlay with the only change between the DT-II and DT-II Overlay shall
be concerning building height. The number of building stories remains
the same at three with permitted building height for the DT-II Overlay
established at 44 feet. In all other ways, the area and bulk standards
between the DT-I and DT-I Overlay are the same.[1]
[1]
Editor's Note: The Schedule may be found as an attachment
to this chapter.
F.
The affordable housing units generated by this zone shall comply
in all respects with the requirements and conditions contained within
the Settlement Agreement between Oakland and Fair Share Housing Center
I.T.M. Bo. BER-L-6359-15, all relevant Orders of the Honorable Christine
A. Farrington, J.S.C., the Oakland Affordable Housing Ordinance and
all applicable New Jersey requirements pertaining to the operation
of privately developed affordable housing.
G.
Permitted residential density shall not exceed 15 dwelling units
per acre.
H.
All residential parking shall comply with the New Jersey Residential
Site Improvement Standards. Pursuant to N.J.A.C. 5:21-4.14(e), when
housing is included in mix-use development, a shared parking approach
to the provision of parking shall be permitted. Furthermore, if applicants
can demonstrate there is sufficient overnight on-street parking in
proximity to their site, applicants can apply those available spaces
to their development on a non-exclusive basis.
I.
Residential uses are permitted in this zone in the upper floors of
buildings. If residential use of any type is to occupy building space
lower than the second floor, compliance with the following provisions
is required:
(1)
The parcel of land upon which first-floor residential construction
is proposed is larger than 21,780 square feet in area.
(2)
The total amount of first-floor residential building area, including
but not limited to apartments, corridors, lobbies, stair and elevator
space, amenity space, package delivery space, mail room, bike storage
areas and other residential support space, shall not exceed 25% of
the first-floor area of the building.
J.
Streets
and highways serving this zone are a vital public resource which needs
to be protected, maintained and conserved for the benefit of the public
health, safety and general welfare. To protect the public resource,
all proposed development in this zone shall maintain the existing
level of service (LOS). LOS is a qualitative measure of roadway operating
conditions. All proposed developments shall implement traffic improvements
to ensure that vehicle delay time on the adjacent street network is
not degraded by more than five seconds by their particular development.
K.
All
developments increasing total impervious surface coverage in this
zone shall be treated as if classified as a major development under
current NJ DEP stormwater regulations and shall enhance stormwater
quality by reducing the average annual total suspended solids loading
in the site's post-construction runoff by 80% and shall manage stormwater
flows such that the peak rate of runoff exiting the site post-construction
is no greater than the pre-construction peak runoff rate.
A.
Within the I-1 and I-2 Industrial Zones, not more than one building shall be erected upon any industrial plot, except those accessory buildings or structures which are strictly required for and related to the use of the principal structure may be so designed as to be used by more than one industry, provided that approval for such multiple use is obtained pursuant to § 59-48A.
B.
Within the I-1 and I-2 Industrial Zones, no use shall be established,
maintained or conducted so that the same will cause any:
(1)
Dissemination of smoke, fumes, gas, dust, odor or any other atmospheric
pollutant beyond the boundaries of the lot occupied by said use;
(2)
Noise audible beyond the boundaries of the lot where the use is conducted;
(3)
Discharge of any waste matter whatsoever into any watercourse;
(4)
Dissemination of glare or vibration beyond the immediate site on
which said use is conducted;
(5)
Any undue increase in total traffic or any undue increase in commercial-vehicle
traffic on any street primarily serving a residential district;
(6)
Physical hazard by reason of fire, explosion, noise, vibration, radiation
or other similar cause to adjoining property;
(7)
The same will not, by its appearance, have the effect of reducing
property values in the industrial zone where it is located or in any
other zone adjoining the zone in which it is located;
(8)
That the lot upon which the industrial use is to be made is so landscaped
as to be in harmony with the character of the borough and it or any
part of it may be fenced with appropriate fencing material to a height
not to exceed eight feet;
(9)
Upon any lot which abuts a boundary of a residential zone, there
shall be established a landscaped strip along the entire length of
said boundary. Said landscaped strip shall consist of any one or more
of the following: plant material, fencing, walls or grassed areas.
Said strip shall be of a width of not less than 50 feet, not including
an intervening street, if any, and shall be shown upon the site plan
which shall be approved as provided herein.
C.
Subject to the requirements contained herein, only the following
uses shall be permitted on any lot of required size within the I-1
and I-2 Industrial Zones:
(1)
Any use permitted in the B-2 Business Zone other than new residences,
nursing homes, retail sales, personal service establishments or restaurants.
Residences existing at the time of the adoption of this chapter in
the I-1 and I-2 Industrial Zones may be altered, rebuilt and enlarged
and shall be entitled to all the customary accessory uses provided
that they meet all of the minimum bulk requirements of the RA-5 Residential
Zone.
[Amended 10-21-1987 by Ord. No. 87-Code-84; 5-3-1989 by Ord. No. 89-Code-153; 11-1-1989 by Ord. No. 89-Code-171; 10-25-1995 by Ord. No. 95-Code-300]
(2)
An open storage yard for storage of building materials, contractors'
equipment and supplies and similar materials, supplies and equipment;
bulk storage of fuel oil not in excess of 35,000 gallons per acre
of lot area.
(3)
A research, experimental or testing laboratory; truck terminal.
(4)
A refrigerating plant, dry-cleaning or rug-cleaning establishment;
warehouse.
(5)
Solar energy systems as either a principal use or structure, or as
an accessory structure or use. Such systems may be installed either
on the roof of permitted principal or accessory structures or as freestanding
structures including above a parking area.
[Added 5-22-2013 by Ord.
No. 13-Code-685]
(6)
Plenary
distilleries operating in strict accordance with a valid license issued
pursuant to N.J.S.A. 33:1-10.
[Added 10-13-2021 by Ord. No. 21-Code-854]
(7)
The following are permitted uses in the I-1 zone only. Furthermore,
to protect the public health, safety and welfare the uses (a) through
(e) listed below are subject to the standards enumerated herein:
[Added 12-20-2021 by Ord.
No. 21-Code-863]
(a)
Cannabis Cultivating.
(b)
Cannabis Manufacturing.
(c)
Cannabis Wholesaling.
(d)
Cannabis Distributing.
(e)
Cannabis Delivery Service.
[1]
As authorized by the enabling legislation, Oakland is permitted
and has chosen to place an upper limit the number of cannabis licenses
and thus cannabis operations that may locate in Oakland. No more than
10 cannabis enterprises of any type shall be authorized in the Borough.
An applicant seeking site plan approval shall provide as an item of
completeness a signed Affidavit attesting to and indicating the owner,
type of license held and location of every cannabis operation in the
Borough.
[2]
Every cannabis operator/owner/applicant must possess a valid
State of New Jersey license for the particular cannabis use being
applied for. All conditions associated with the required New Jersey
issued cannabis license are also requirements of any local approval
that may issue.
[3]
Each and every cannabis operator must in addition to securing
a license from the State of New Jersey must also secure a cannabis
license from the Borough of Oakland. The fee for such license shall
be established by separate ordinance. The Oakland Site Plan Checklist
is herein revised and amended to include as a checklist item proof
of possession of both a valid State of New Jersey and a Borough of
Oakland license for all cannabis applications and the aforementioned
listing of all cannabis operations within the Borough.
[4]
All proposed cannabis operations must secure site plan approval
as a prior approval before seeking a construction permit.
[5]
All cannabis applicants must produce a public safety and security
plan and secure approval from the Oakland Police Department or an
approved outside agency approved by the Oakland Police Department.
Certification of all employees shall comprise one aspect of the public
safety and security plan. Strict implementation of the public safety
and security plan is a continuing obligation of every cannabis operator.
All cannabis operations shall deposit in its escrow account an additional
$3,500 to fund all reviews by or required by the Police Department
or Health Department. All outside reviews shall be paid for by the
applicant through the use of the previously posted escrow funds. These
escrow fund shall be replenished as needed upon the request of the
Borough.
[6]
All cannabis applicants must produce an odor control plan. Approval
of this odor control plan prior to the issuance of a construction
permit will be a requirement of all cannabis operators. Strict implementation
of the odor control plan is a continuing obligation of every cannabis
operator. The Health Department, or an outside agency as designated
by the Health Department, shall be the designated reviewing agency.
All outside reviews shall be paid for by the applicant through the
use of the previously posted escrow funds. These escrow fund shall
be replenished as needed upon the request of the Borough.
[8]
Off street loading requirements for all cannabis operations
shall be the same as adopted for industrial uses.
[9]
All trucks owned by the cannabis operator and used in the distribution
and wholesaling of cannabis or related products shall be stored or
parked in a lot that is enclosed by fencing with a gate that shall
at all times be locked, except for when trucks are entering or leaving
the enclosed truck storage area. Employee parking shall be located
in a separate area of the site.
D.
Subject to the conditions contained herein, only the following uses
shall be permitted as a conditional use on any lot of required size
within the I-1 and I-2 Industrial Zones:
[Amended 10-13-2021 by Ord. No. 21-Code-852]
(1)
Limited Brewery complying with the following conditions:
[Added 10-13-2021 by Ord.
No. 21-Code-852]
(a)
Each and every operator of a limited brewery shall at all times
be in possession of a valid license issued by the New Jersey Alcoholic
Beverage Commission.
(b)
No food, other than incidental snacks, shall be sold or provided
free of charge within the premises of a limited brewery. Patrons may,
however, bring food into or order food to be delivered to the limited
brewery.
(c)
A limited brewery shall brew no more than 300,000 barrels of
malt beverages a year within the limited brewery.
(d)
Limited brewery patrons must complete a facility tour prior
to being eligible to purchase or sample malt beverages produced on
site.
(e)
Limited breweries can host special events, private parties and
social affairs consistent with and in accordance with the restrictions
contained within N.J.S.A. 33:1-10.
(f)
Notwithstanding the fact that a limited brewery is not a restaurant,
most limited breweries have chairs, tables and benches similar to
some restaurants. Due to this commonality, on-site parking requirements
shall be the same as established for restaurants while being a condition
attached to the conditional use.
(2)
Brewpub complying with the following conditions:
(a)
Each and every operator of a brewpub shall at all times be in
possession of a valid Restricted Brewery License issued by the New
Jersey Alcoholic Beverage Commission.
(b)
A brewpub shall brew no more than 10,000 barrels of malt beverages
a year. The malt alcoholic beverage product produced shall be districted
to the restaurant required to be adjacent to the brewery. Holder of
a Restricted Brewery License may also sell and distribute malt alcoholic
beverage product to licensed wholesalers. If the director of Division
of Alcoholic Beverage Control has issued a permit, the owner of the
Restricted Brewery License may offer samples for promotional purposes
at charitable or civic events not held at the licensed restaurant.
(c)
On-site parking requirements shall be the same as established
for restaurants while being a condition attached to the conditional
use.
E.
Prohibited uses. Any other industrial, manufacturing, assembling
or fabricating use will be permitted upon application and after approval,
except that the following uses are hereby specifically prohibited:
(1)
Acetylene gas manufacture.
(2)
Ammonia, chlorine or bleaching-powder manufacture.
(3)
Animal-black, lampblack, bone-black, printing-ink manufacture.
(4)
Asphalt manufacture or refining.
(5)
Boiler works.
(6)
Brick, tile and terra cotta manufacture.
(7)
Creosote treatment or manufacture.
(8)
Crematories and cemeteries.
(9)
Disinfectant, insecticide or poison manufacture.
(10)
Distillation of coal, petroleum, refuse, grain, wood or bones.
(11)
Dyestuffs manufacture.
(12)
Explosive manufacture or the storage thereof in excess of 25
pounds.
(13)
Fertilizer manufacture.
(14)
Glue, size or gelatin manufacture, where the process includes
the refining and recovering of products from fish, animal refuse or
offal.
(15)
Grease, lard, fats or tallow rendering or refining.
(16)
Incineration, reduction, storage or dumping or slaughterhouse
refuse, rancid fats, garbage, dead animals or offal, except by the
municipality or its agents.
(17)
Junk yards of any type.
(18)
Oil cloth, asphalt-tile, vinyl-tile or linoleum manufacture.
(19)
Paint, oil, varnish, turpentine, shellac or enamel manufacture.
(20)
Sandpaper manufacture.
(21)
Storage of gasoline and other petroleum products, except fuel oil as referred to in § 59-54C(2), in excess of 12,000 gallons and gasoline for the use of the motor vehicles connected with the use of the premises, not exceeding 2,000 gallons.
(22)
Pyroxylin-plastic manufacture or the manufacture of articles
therefrom.
(23)
Storage, cleaning, curing or tanning of rawhide or skins.
(24)
Natural or artificial rubber or gutta-percha manufacture or
treatment.
(25)
Smelting of iron, copper, tin, zinc or lead from ores.
(26)
Soap manufacture.
(27)
The operation of a steel furnace, blooming or rolling mill or
forging plant.
(28)
Sulphurous, sulphuric, nitric, picric, carbolic or hydrochloric
acid manufacture.
(29)
The operation of stockyards or slaughterhouses.
(30)
Tar distillation or manufacture.
(31)
Any other trade or use that is noxious or offensive by reason
of the emission of odor, dust and smoke, gas or noise.
A.
Within the I-P Industrial Park Zone no use shall be established,
maintained or conducted so that the same will cause any:
(1)
Dissemination of smoke, fumes, gas, dust, odor or any other atmospheric
pollutant beyond the boundaries of the lot occupied by said use, and
the Mayor and Council of the Borough of Oakland in order to control
whatever smoke, fumes, gas, dust and odors occur or any other atmospheric
pollution that may occur may require the use of precipitators or any
other means or devices.
(2)
Noise audible beyond the boundaries of the lot where the use is conducted.
(3)
Discharge of any waste matter whatsoever into any watercourse.
(4)
Dissemination of glare or vibration beyond the immediate site on
which said use is conducted.
(5)
Any undue increase in total traffic or any undue increase in commercial-vehicle
traffic on any street primarily serving a residential district.
(6)
Physical hazard by reason of fire, explosion, noise, vibration, radiation
or other similar cause to adjoining property.
B.
Building appearance. No industrial building in the I-P Industrial
Park Zone shall, by its appearance, having the effect of reducing
property values in the Industrial Park Zone where it is located or
in any other zone adjoining the zone in which it is located.
C.
Lot to be landscaped. Any lot in the I-P Industrial Park Zone upon
which the industrial use is to be made shall be so landscaped as to
be in harmony with the character of the borough.
D.
Buffer strip. A buffer strip as set forth in the annexed schedule
entitled "Buffer Strip for I-P Industrial Park Zone"[1] is hereby established around the entire perimeter of the
property now in the I-P Industrial Park Zone. The width of the buffer
strip will be as set forth below. Such buffer strip shall be composed
of any one or more of the following:
(1)
If possible, all the natural plant life shall be left in its original
condition within said strip.
(2)
In the event that said natural plant life within said strip is insufficient
to create sufficient screening or because of its removal due to the
necessity of grading or for any other reasons, such strip shall be
landscaped with plants, trees, shrubs and grass in accordance with
the requirements of the Shade Tree Commission and as required by the
Planning Board during site plan review.
(3)
Said buffer strip shall be a width of not less than 75 feet in the
I-P Industrial Park Zone as shown on the Zoning Map. Said strip shall
remain unobstructed, except that the same may be traversed by access
roads. Such access roads shall be shown on any site plan application
maps made for industrial use in the I-P Industrial Park Zone. Page
Drive, Spear Street, Ryerson Street and Hatfield Road shall not be
used as means of ingress or egress to or from the Industrial Park
Zone, except that Ryerson Street may be used for emergency use, i.e.,
fire, police, first aid and fire warden.
[Amended 2-18-1981 by Ord. No. 81-Code-916; 5-6-1981 by Ord. No. 81-Code-926]
[1]
Editor's Note: Said schedule is on file in the office of the
Borough Clerk and is available for inspection during normal business
hours.
E.
Permitted uses. Subject to the requirements contained herein, only
the following uses shall be permitted on any lot of required size
in the I-P Industrial Park Zone:
(1)
Corporate, professional, business office building or bank building.
(2)
Commercial printing shop.
(3)
A research, experimental or testing laboratory.
(4)
A warehouse for the storage of goods other than perishable foods.
(6)
Solar energy systems as either a principal use or structure, or as
an accessory structure or use. Such systems may be installed either
on the roof of permitted principal or accessory structures or as freestanding
structures including above a parking area.
[Added 5-22-2013 by Ord.
No. 13-Code-685]
(7)
Plenary
distilleries operating in strict accordance with a valid license issued
pursuant to N.J.S.A. 33:1-10.
[Added 10-13-2021 by Ord. No. 21-Code-854]
(8)
Cannabis
Operations.
[Added 12-20-2021 by Ord. No. 21-Code-863]
(a)
Cannabis Wholesaling.
(b)
Cannabis Distributing.
[1]
Furthermore, to protect the public health, safety and welfare,
the uses in (a) and (b) listed above are subject to the standards
enumerated herein:
[a]
As authorized by the enabling legislation, Oakland
is permitted and has chosen to place an upper limit the number of
cannabis licenses and thus cannabis operations that may locate in
Oakland. No more than 10 cannabis enterprises of any type shall be
authorized in the Borough. An applicant seeking site plan approval
shall provide as an item of completeness a signed Affidavit attesting
to and indicating the owner, type of license held and location of
every cannabis operation in the Borough.
[b]
Every cannabis operator/owner/applicant must possess
a valid State of New Jersey license for the particular cannabis use
being applied for. All conditions associated with the required New
Jersey issued cannabis license are also requirements of any local
approval that may issue.
[c]
Each and every cannabis operator must in addition
to securing a license from the State of New Jersey must also secure
a cannabis license from the Borough of Oakland. The fee for such license
shall be established by separate ordinance. The Oakland Site Plan
Checklist is herein revised and amended to include as a checklist
item proof of possession of both a valid State of New Jersey and a
Borough of Oakland license for all cannabis applications and the aforementioned
listing of all cannabis operations within the Borough.
[d]
All proposed cannabis operations must secure site
plan approval as a prior approval before seeking a construction permit.
[e]
All cannabis applicants must produce a public safety
and security plan and secure approval from the Oakland Police Department
or an approved outside agency approved by the Oakland Police Department.
Certification of all employees shall comprise one aspect of the public
safety and security plan. Strict implementation of the public safety
and security plan is a continuing obligation of every cannabis operator.
All cannabis operations shall deposit in its escrow account an additional
$3,500 to fund all reviews by or required by the Police Department
or Health Department. All outside reviews shall be paid for by the
applicant through the use of the previously posted escrow funds. These
escrow fund shall be replenished as needed upon the request of the
Borough.
[f]
All cannabis applicants must produce an odor control
plan. Approval of this odor control plan prior to the issuance of
a construction permit will be a requirement of all cannabis operators.
Strict implementation of the odor control plan is a continuing obligation
of every cannabis operator. The Health Department, or an outside agency
as designated by the Health Department, shall be the designated reviewing
agency. All outside reviews shall be paid for by the applicant through
the use of the previously posted escrow funds. These escrow fund shall
be replenished as needed upon the request of the Borough.
[h]
Off street loading requirements for all cannabis
operations shall be the same as adopted for industrial uses.
[i]
All trucks owned by the cannabis operator and used
in the distribution and wholesaling of cannabis or related products
shall be stored or parked in a lot that is enclosed by fencing with
a gate that shall at all times be locked, except for when trucks are
entering or leaving the enclosed truck storage area. Employee parking
shall be located in a separate area of the site.
F.
Prohibited uses in the I-P Industrial Park Zone. Any other industrial,
manufacturing, assembling or fabricating use is permitted with the
specific exception of the following:
(1)
Acetylene gas manufacture.
(2)
Ammonia, chlorine or bleaching powder manufacture.
(3)
Animal-black, lampblack or bone-black printing-ink manufacture.
(4)
Asphalt manufacture or refining.
(5)
Boiler works.
(6)
Brick, tile and terra cotta manufacture.
(7)
Creosote treatment or manufacture.
(8)
Crematories and cemeteries.
(9)
Disinfectant, insecticide or poison manufacture.
(10)
Distillation of coal, petroleum, refuse, grain, wood or bones.
(11)
Dyestuffs manufacture.
(12)
Explosive manufacture or the storage thereof in excess of 25
pounds.
(13)
Fertilizer manufacture. Fertilizer manufacture for purposes
of this section shall include but is not limited to the following
activities:
[Amended 7-21-1999 by Ord. No. 99-Code-367]
(a)
The making of any type of liquid or solid fertilizers;
(b)
The assembly of component materials of fertilizers;
(c)
The blending or mixing of various fertilizers;
(d)
The blending or mixing of fertilizers with other substances,
active and inactive, including but not limited to insecticides and
pesticides;
(e)
The dilution of fertilizers or component parts of fertilizers
with water;
(f)
The liquefying of solid fertilizers with liquid fertilizers
and/or other liquids;
(g)
The storage of more than 50 pounds of dry fertilizer or more
than 55 gallons of liquid fertilizer is prohibited.
(14)
Glue, size or gelatin manufacture where the process includes
the refining and recovering of products from fish, animal refuse or
offal.
(15)
Grease, lard, fats or tallow rendering or refining.
(16)
Incineration, reduction, storage or dumping or slaughterhouse
refuse, rancid fats, garbage, dead animals or offal.
(17)
Junk yards of any type.
(18)
Oil-cloth, asphalt-tile, vinyl-tile or linoleum manufacture.
(19)
Paint, oil, varnish, turpentine, shellac or enamel manufacture.
(20)
Sandpaper manufacture.
(21)
Storage of gasoline and other petroleum products.
(22)
Pyroxylin-plastics manufacture or the manufacture of articles
therefrom.
(23)
Storage, cleaning, curing or tanning of rawhides or skins.
(24)
Natural or artificial rubber or gutta-percha manufacture or
treatment.
(25)
Smelting of iron, copper, tin, zinc or lead from ores.
(26)
Soap manufacture.
(27)
The operation of a steel furnace, blooming or rolling mill or
forging plant.
(28)
The operation of stockyards or slaughterhouses.
(29)
Sulphurous, sulphuric, nitric, picric, carbolic or hydrochloric
acid manufacture.
(30)
Tar distillation or manufacture.
(31)
Any other trade or use that is noxious or offensive, by reason
of the emission of odor, dust and smoke, gas or noise.
(32)
Paper, pulp or lumber mills.
(33)
Sand pit, gravel pit, quarry or stone crusher.
(34)
Open storage yard for storage of building materials, contractors' equipment and supplies and similar materials, supplies and equipment other than as permitted during the course of construction of buildings as provided in Section 59-55H(3).
(35)
Concrete mixing plant other than for such concrete used in the
construction of industrial buildings upon the site in the Industrial
Park Zone.
(36)
Dry-cleaning and rug-cleaning establishments.
(37)
Warehouse for the storage of perishable foods.
(38)
Truck terminals.
G.
(Reserved)
[Repealed 7-23-2008 by Ord. No. 08-Code-572]
H.
Additional use regulations in the Industrial Park Zone.
(1)
No trailer shall be permitted on any plot in the I-P Industrial Park
Zone, other than a trailer required in connection with the construction
of an industrial building to be erected upon any site in the I-P Industrial
Park Zone.
(2)
In the I-P Industrial Park Zone, no parking of any motor vehicle
shall be permitted in front of that line established by the construction
of the front wall of the building on the site for the full width of
the property, and in any industrial building, no truck-loading doors
may be installed in the front wall of such building. No on-street
parking of vehicles shall be permitted in the I-P Industrial Park
Zone. There shall be installed in connection with any building erected
in the I-P Industrial Park Zone a parking area of sufficient size
to provide adequate parking for all vehicles of the employees employed
in such building. All commercial vehicles must be parked at the rear
of any industrial building.
[Amended 10-21-1981 by Ord. No. 81-Code-945]
(3)
During the course of construction of an industrial building or buildings,
the owner or the contractors shall have the right to erect a temporary
structure for the purpose of storing materials and machinery and to
use the same during the course of construction for such industrial
buildings to be erected. The location of said temporary structure
and the length of time it may remain will be designated by and subject
to the control of the Zoning Enforcement Official of the Borough of
Oakland.
I.
Conditional Uses. Subject to the following conditions, only the following
uses shall be permitted as a conditional use in the I-P Industrial
Park Zone.
(1)
Limited Brewery complying with the following conditions:
[Added 10-13-2021 by Ord.
No. 21-Code-852]
(a)
Each and every operator of a limited brewery shall be in possession
of a valid license issued by the New Jersey Alcoholic Beverage Commission.
(b)
No food, other than incidental snacks, shall be sold or provided
free of charge within the premises of a limited brewery. Patrons may,
however, bring food into or order food to be delivered to the limited
brewery.
(c)
A limited brewery shall brew no more than 300,000 barrels of
malt beverages a year within the limited brewery.
(d)
Limited brewery patrons must complete a facility tour prior
to being eligible to purchase or sample malt beverages produced on
site.
(e)
Limited breweries can host special events, private parties and
social affairs consistent with and in accordance with the restrictions
contained within N.J.S.A. 33:1-10.
(f)
Notwithstanding the fact that a limited brewery is not a restaurant,
most limited breweries have chairs, tables and benches similar to
some restaurants. Due to this commonality, on-site parking requirements
shall be the same as established for restaurants while being a condition
attached to the conditional use.
(2)
Brewpub complying with the following conditions:
[Added 10-13-2021 by Ord.
No. 21-Code-853]
(a)
Each and every operator of a brewpub shall be in possession
of a valid Restricted Brewery license issued by the New Jersey Alcoholic
Beverage Commission.
(b)
A brewpub shall brew no more than 10,000 barrels of malt beverages
a year. The malt alcoholic beverage product produced shall be distributed
to the restaurant required to be adjacent to the brewery. Holder of
a Restricted Brewery License may also sell and distribute malt alcoholic
beverage product to licensed wholesalers. If the director of the Division
of Alcoholic Beverage Control has issued a permit, the owner of the
Restricted Brewery License may offer samples for promotional purposes
at charitable or civic events not held at the licensed restaurant.
(c)
On-site parking requirements shall be the same as established
for restaurants while being a condition attached to the conditional
use.
[Added 12-20-2021 by Ord. No. 21-Code-863]
A.
Within the I-4 Industrial Zone, only the following uses shall be
permitted on any single lot of required size:
(1)
A professional or business office or studio.
(2)
Executive, professional and administrative offices.
(3)
Research, experimental or testing in scientific laboratories.
(4)
Solar energy systems as either a principal use or structure,
or as an accessory structure or use. Such systems may be installed
either on the roof of permitted principal or accessory structures
or as freestanding structures including above a parking area.
(5)
Craft and Plenary distilleries, but only in strict conformance
with N.J.S.A. 33:1-10.
(6)
Wineries but only if holding the requisite New Jersey license
and on land parcels of three acres of more.
(7)
Cannabis Cultivating.
(8)
Cannabis Manufacturing.
(9)
Cannabis Wholesaling.
(10)
Cannabis Distributing.
(11)
Cannabis Delivery Service.
B.
Cannabis Operations.
(1)
As authorized by the enabling legislation, Oakland has permitted
and has chosen to place an upper limit the number of cannabis licenses
and thus cannabis operations that may locate in Oakland. No more than
10 cannabis enterprises of any type shall be authorized in the Borough.
An applicant seeking site plan approval shall provide as an item of
completeness a signed Affidavit attesting to and indicating the owner,
type of license held and location of every cannabis operation in the
Borough.
(2)
Every cannabis operator/owner/applicant must possess a valid
State of New Jersey license for the particular cannabis use being
applied for. All conditions associated with the required New Jersey
issued cannabis license are also requirements of any local approval
that may issue.
(3)
Each and every cannabis operator must in addition to securing
a license from the State of New Jersey must also secure a cannabis
license from the Borough of Oakland. The fee for such license shall
be established by separate ordinance. The Oakland Site Plan Checklist
is herein revised and amended to include as a checklist item proof
of possession of both a valid State of New Jersey and a Borough of
Oakland license for all cannabis applications and the aforementioned
listing of all cannabis operations within the Borough.
(4)
All proposed cannabis operations must secure site plan approval
as a prior approval before seeking a construction permit.
(5)
All cannabis applicants must produce a public safety and security
plan and secure approval from the Oakland Police Department or an
approved outside agency approved by the Oakland Police Department.
Certification of all employees shall comprise one aspect of the public
safety and security plan. Strict implementation of the public safety
and security plan is a continuing obligation of every cannabis operator.
All cannabis operations shall deposit in its escrow account an additional
$3,500 to fund all reviews by or required by the Police Department
or Health Department. All outside reviews shall be paid for by the
applicant through the use of the previously posted escrow funds. These
escrow fund shall be replenished as needed upon the request of the
Borough.
(6)
All cannabis applicants must produce an odor control plan. Approval
of this odor control plan prior to the issuance of a construction
permit will be a requirement of all cannabis operators. Strict implementation
of the odor control plan is a continuing obligation of every cannabis
operator. The Health Department, or an outside agency as designated
by the Health Department, shall be the designated reviewing agency.
All outside reviews shall be paid for by the applicant through the
use of the previously posted escrow funds. These escrow fund shall
be replenished as needed upon the request of the Borough.
(8)
Off street loading requirements for all cannabis operations
shall be the same as adopted for industrial uses.
(9)
All trucks owned by the cannabis operator and used in the distribution
and wholesaling of cannabis or related products shall be stored or
parked in a lot that is enclosed by fencing with a gate that shall
at all times be locked, except for when trucks are entering or leaving
the enclosed truck storage area. Employee parking shall be located
in a separate area of the site.
C.
Yards; Area; Height. See Schedule A, Limiting Lot and Yard Sizes
and Bulk Principal Building and Use.
Editor's Note: Schedule A is included as an attachment to this chapter.
[Amended 11-1-1989 by Ord. No. 89-Code-171]
A.
I-3 Industrial/Office Zone. Within the Industrial/Office Zone, only
the following uses shall be permitted on any single lot of required
size:
(1)
A professional or business office or studio.
(2)
Executive, professional and administrative offices.
(3)
Research, experimental or testing in scientific laboratories.
(4)
Any industrial manufacturing, assembling or fabricating use permitted under Section 59-55E of this Article where no noise, smoke or odor whatsoever emanates from the building by reason of the manufacturing, assembling or fabricating use operated therein.
(5)
Businesses which are presently being conducted in said zone, it being
the specific intention of this section to prohibit the operation of
retail, sales or personal service establishments or businesses, restaurants
and any other uses so as to restrict as much as possible any increase
in traffic on and off New Jersey Route 208.
(6)
Solar energy systems as either a principal or as an accessory structure
and use. Such systems may be installed either on the roof of permitted
principal or accessory structures or as freestanding structures including
above a parking area.
[Added 5-22-2013 by Ord.
No. 13-Code-685]
(7)
Craft
distilleries operating according to and in strict conformance with
a license pursuant to N.J.S.A. 33:1-10. Prior to selling any product
for consumption on the distillery property, each and every customer
is required to take a tour of the distillery.
[Added 10-13-2021 by Ord. No. 21-Code-854]
(8)
Plenary
distilleries operating in strict accordance with a valid license issued
pursuant to N.J.S.A. 33:1-10.
[Added 10-13-2021 by Ord. No. 21-Code-854]
(9)
The following are permitted uses in the I-3 zone only. Furthermore,
to protect the public health, safety and welfare the uses a and b
listed below are subject to the standards enumerated herein:
[Added 12-20-2021 by Ord.
No. 21-Code-863]
(a)
Cannabis Wholesaling.
(b)
Cannabis Distributing.
[1]
Cannabis Establishments.
[a]
As authorized by the enabling legislation, Oakland
is permitted and has chosen to place an upper limit the number of
cannabis licenses and thus cannabis operations that may locate in
Oakland. No more than 10 cannabis enterprises of any type shall be
authorized in the Borough. An applicant seeking site plan approval
shall provide as an item of completeness a signed Affidavit attesting
to and indicating the owner, type of license held and location of
every cannabis operation in the Borough.
[b]
Every cannabis operator/owner/applicant must possess
a valid State of New Jersey license for the particular cannabis use
being applied for. All conditions associated with the required New
Jersey issued cannabis license are also requirements of any local
approval that may issue.
[c]
Each and every cannabis operator must in addition
to securing a license from the State of New Jersey must also secure
a cannabis license from the Borough of Oakland. The fee for such license
shall be established by separate ordinance. The Oakland Site Plan
Checklist is herein revised and amended to include as a checklist
item proof of possession of both a valid State of New Jersey and a
Borough of Oakland license for all cannabis applications and the aforementioned
listing of all cannabis operations within the Borough.
[d]
All proposed cannabis operations must secure site
plan approval as a prior approval before seeking a construction permit.
[e]
All cannabis applicants must produce a public safety
and security plan and secure approval from the Oakland Police Department
or an approved outside agency approved by the Oakland Police Department.
Certification of all employees shall comprise one aspect of the public
safety and security plan. Strict implementation of the public safety
and security plan is a continuing obligation of every cannabis operator.
All cannabis operations shall deposit in its escrow account an additional
$3,500 to fund all reviews by or required by the Police Department
or Health Department. All outside reviews shall be paid for by the
applicant through the use of the previously posted escrow funds. These
escrow fund shall be replenished as needed upon the request of the
Borough.
[f]
All cannabis applicants must produce an odor control
plan. Approval of this odor control plan prior to the issuance of
a construction permit will be a requirement of all cannabis operators.
Strict implementation of the odor control plan is a continuing obligation
of every cannabis operator. The Health Department, or an outside agency
as designated by the Health Department, shall be the designated reviewing
agency. All outside reviews shall be paid for by the applicant through
the use of the previously posted escrow funds. These escrow fund shall
be replenished as needed upon the request of the Borough.
[h]
Off street loading requirements for all cannabis
operations shall be the same as adopted for industrial uses.
[i]
All trucks owned by the cannabis operator and used
in the distribution and wholesaling of cannabis or related products
shall be stored or parked in a lot that is enclosed by fencing with
a gate that shall at all times be locked, except for when trucks are
entering or leaving the enclosed truck storage area. Employee parking
shall be located in a separate area of the site.
B.
CO Corporate Office Zone.
(1)
Within the Corporate Office Zone, only the following uses shall be
permitted on any single lot of required size:
(a)
A professional or business office, including medical and dental
facilities.
(b)
Executive and administrative offices.
(c)
Research, experimenting and testing for scientific laboratories.
(d)
(Reserved)
[Repealed 10-21-1998 by Ord. No. 98-Code-356]
(e)
Plenary distilleries operating in strict accordance with a valid
license issued pursuant to N.J.S.A. 33:1-10.
[Added 10-13-2021 by Ord. No. 21-Code-854]
(2)
Corporate Office Zone buffer area. There is hereby established within
the Corporate Office Zone a buffer area consisting of a buffer strip
of 100 feet in width around the inside perimeter of said district.
(a)
If possible, all the natural plant life shall be left in its
original condition within such strip.
(b)
In the event that said natural plant life within said strip
is insufficient to create sufficient screening, or because of its
removal due to the necessity of grading or for any other reasons,
such strip shall be landscaped with plants, trees, shrubs and grass
as required by the Planning Board during site plan review.
(c)
Such strip shall remain unobstructed, except that the same may
be traversed by access roads.
(3)
(Reserved)
[Repealed 10-21-1998 by Ord. No. 98-Code-356]
(4)
Yards; Area; Height.
(5)
Open space requirements. No less than 30% of the area shall be maintained
as open space/green area. The open space shall consist of all areas
which are pervious, including natural areas whenever possible and/or
landscaping comprised of a mixture of grass, shrubs, shade trees and
other typical vegetation.
C.
Applicable provisions of other sections. The provisions of this Article
listed below pertaining to the Industrial Park Zone (I-P) are hereby
made applicable to the Corporate Office Zone and the Industrial/Office
Zone:
D.
Number of buildings per lot restricted. Within the Corporate Office
Zone and the Industrial Research and Office Zone, not more than one
building shall be erected on any individual lot.
E.
Conditional Uses - I3 Industrial/Office Zone. Subject to the following
conditions, only the following uses shall be permitted as a conditional
use in the I-3 Industrial/Office Zone.
(1)
Limited Brewery.
[Added 10-13-2021 by Ord.
No. 21-Code-852]
(a)
Each and every operator of a limited brewery shall be in possession
of a valid license issued by the New Jersey Alcoholic Beverage Commission.
(b)
No food, other than incidental snacks, shall be sold or provided
free of charge within the premises of a limited brewery. Patrons may,
however, bring food into or order food to be delivered to the limited
brewery.
(c)
A limited brewery shall brew no more than 300,000 barrels of
malt beverages a year within the limited brewery.
(d)
Limited brewery patrons must complete a facility tour prior
to being eligible to purchase or sample malt beverages produced on
site.
(e)
Limited breweries can host special events, private parties and
social affairs consistent with and in accordance with the restrictions
contained within N.J.S.A. 33:1-10.
(f)
Notwithstanding the fact that a limited brewery is not a restaurant,
most limited breweries have chairs, tables and benches similar to
some restaurants. Due to this commonality, on-site parking requirements
shall be the same as established for restaurants while being a condition
attached to the conditional use.
(2)
Brewpub.
[Added 10-13-2021 by Ord.
No. 21-Code-853]
(a)
Each and every operator of a brewpub shall be in possession
of a valid Restricted Brewery License issued by the New Jersey Alcoholic
Beverage Commission.
(b)
A brewpub shall brew no more than 10,000 barrels of malt beverages
a year. The malt alcoholic beverage product produced shall be distributed
to the restaurant required to be adjacent to the brewery. Holder of
a Restricted Brewery License may also sell and distribute malt alcoholic
beverage product to licensed wholesalers. If the director of the Division
of Alcoholic Beverage Control has issued a permit, the owner of the
Restricted Brewery License may offer samples for promotional purposes
at charitable or civic events not held at the licensed restaurant
premises.
(c)
Notwithstanding the fact that a limited brewery is not a restaurant,
most limited breweries have chairs, tables and benches similar to
some restaurants. Due to this commonality, on-site parking requirements
shall be the same as established for restaurants while being a condition
attached to the conditional use.
F.
Conditional Uses - Corporate Office Zone. Subject to the following
conditions, only the following uses shall be permitted as a conditional
use in the Corporate Office Zone.
(1)
Limited Brewery.
[Added 10-13-2021 by Ord.
No. 21-Code-852]
(a)
Each and every operator of a limited brewery shall be in possession
of a valid license issued by the New Jersey Alcoholic Beverage Commission.
(b)
No food, other than incidental snacks, shall be sold or provided
free of charge within the premises of a limited brewery. Patrons may,
however, bring food into or order food to be delivered to the limited
brewery.
(c)
A limited brewery shall brew no more than 300,000 barrels of
malt beverages a year within the limited brewery.
(d)
Limited brewery patrons must complete a facility tour prior
to being eligible to purchase or sample malt beverages produced on
site.
(e)
Limited breweries can host special events, private parties and
social affairs consistent with and in accordance with the restrictions
contained within N.J.S.A. 33:1-10.
(f)
Notwithstanding the fact that a limited brewery is not a restaurant,
most limited breweries have chairs, tables and benches similar to
some restaurants. Due to this commonality, on-site parking requirements
shall be the same as established for restaurants while being a condition
attached to the conditional use.
(2)
Brewpub.
[Added 10-13-2021 by Ord.
No. 21-Code-853]
(a)
Each and every operator of a brewpub shall be in possession
of a valid Restricted Brewery License issued by the New Jersey Alcoholic
Beverage Commission.
(b)
A brewpub shall brew no more than 10,000 barrels of malt beverages
a year. The malt alcoholic beverage product produced shall be distributed
to the restaurant required to be adjacent to the brewery. Holder of
a Restricted Brewery License may also sell and distribute malt alcoholic
beverage product to licensed wholesalers. If the director of the Division
of Alcoholic Beverage Control has issued a permit, the owner of the
Restricted Brewery License may offer samples for promotional purposes
at charitable or civic events not held at the licensed restaurant
premises.
(c)
Notwithstanding the fact that a limited brewery is not a restaurant,
most limited breweries have chairs, tables and benches similar to
some restaurants. Due to this commonality, on-site parking requirements
shall be the same as established for restaurants while being a condition
attached to the conditional use.
[Added 11-1-1989 by Ord.
No. 89-Code-171]
A.
PO Professional Office Zone. Within the Professional Office Zone,
permitted uses shall be professional and business offices, either
in new or conversions of existing residential buildings. Where conversions
of residential buildings are made, this shall be subject to prior
review and approval of the Planning Board as to the safety of the
building in terms of fire protection and dual egress and as to the
maintenance of adequate landscaping to protect adjoining residences.
In both new and building conversion developments, solar energy
systems may be installed only as an accessory use either on the roof
of a permitted principal or accessory structure or as freestanding
structures such as above a parking area.
[Amended 5-22-2013 by Ord. No. 13-Code-685]
B.
Development regulations. Area regulations and other controls for
such uses as permitted in the PO Zone shall be as follows:
(1)
Lot area and frontage. New buildings shall have a minimum lot
area of one acre and a minimum frontage of 150 feet.
(2)
Height. Maximum height for new buildings shall be three stories
or 35 feet.
(3)
Yards. Minimum front yard for new or enlarged buildings shall
be 50 feet. Minimum side yards for new or enlarged buildings shall
be 25 feet. Minimum rear yard for new or enlarged buildings shall
be 80 feet.
(4)
Maximum permitted building coverage shall not exceed 25%.
[Amended 7-23-2008 by Ord. No. 08-Code-572]
(5)
Landscaping. Front yards shall be landscaped and not used for
parking. A landscaped strip shall be provided of at least five feet.
(6)
Off-street parking. A minimum of one parking space per 250 square
feet of office space shall be provided, plus one space for each dwelling
unit where part of an existing building remains in residential use.
All parking spaces shall have adequate paving and access shall be
located outside of required front yards.
(7)
Maximum impervious coverage shall not exceed 50%.
[Added 7-23-2008 by Ord.
No. 08-Code-572]
C.
Planning Board Review. Site plan review and approval by the Planning
Board shall be required for all office uses permitted herein.
[Amended 3-21-1990 by Ord. No. 90-Code-192]
A.
Within the C Conservation District only the following uses shall
be permitted:
(1)
Single-family residences on lots no less than five acres in area;
(2)
Recreational activities such as hunting, fishing, boating and the
construction of supporting facilities such as docks, camping areas,
temporary lodging facilities and parking facilities;
(3)
Other similar public use activities consistent with the intent of
the district subject to review and approval of the Planning Board
of the Borough of Oakland.
B.
For Block 1505 Lot 1 and Block 1604 Lot 2 the following uses shall
be permitted:
[Added 12-19-1990 by Ord.
No. 90-Code-211; amended 4-21-1999 by Ord. No. 99-Code-365]
(1)
Single-family residential lots no less than two acres in area, provided,
however, that in an effort to insure the preservation of environmentally
sensitive features it shall be permissible to reduce the minimum lot
size in a development to the extent that a maximum of 20% of the lots
may be reduced to a minimum lot area of 30,000 square feet. Additionally,
it is provided that the average lot size of all lots in the tract
shall be a minimum of two acres. The schedule in paragraph B. hereof
shall govern area bulk requirements for full-sized ("conventional")
and reduced-size lots ("lot size modification");
(2)
Recreational activities such as fishing, boating and the construction
of supporting facilities such as docks, or accessory structures supporting
such activities by residents or their guests; and other similar use
activities consistent with the intent of the district, subject to
review and approval of the Planning Board of the Borough of Oakland.
C.
The following Schedule of Area and Bulk Requirements shall be applicable
to principal structures on development lots within Block 1505 Lot
1 and Block 1604 Lot 2:
[Added 12-19-1990 by Ord.
No. 90-Code-211]
|
Parameter
|
Conventional
|
Lot Size Modification
|
|---|---|---|
|
Minimum Lot Area
|
87,120 sq. feet
|
30,000 sq. feet
|
|
Minimum Lot Width
|
150 feet
|
125 feet
|
|
Minimum Lot Depth
|
200 feet
|
175 feet
|
|
Minimum Front Yard
|
50 feet
|
50 feet
|
|
Minimum Side Yard
|
25 feet
|
25 feet
|
|
Minimum Rear Yard
|
50 feet
|
50 feet
|
|
Minimum Bldg. Height
|
2 1/2 /35 stories/feet
|
2 1/2 /35 stories/feet
|
|
Maximum Bldg. Coverage
[Amended 7-25-2008 by Ord. No. 08-Code-572] |
20%
|
20%
|
|
Maximum Impervious Coverage
[Added 7-23-2008 by Ord.
No. 08-Code-572] |
30%
|
30%
|
Coverage is hereby defined to mean all land covered
by buildings, structures, or impervious covers such as driveways.
The maximum coverage for the entire tract of 71.59 acres comprising
Block 1501, Lot 1 and Block 1604, Lot 2 shall not exceed 10%.
D.
The following Schedule of Bulk Requirements shall be applicable to
accessory building of development lots within Block 1505 Lot 1 and
Block 1604 Lot 2:
[Added 12-19-1990 by Ord.
No. 90-Code-211]
|
Minimum Side Yard
|
10 feet)
|
|
Minimum Rear Yard
|
3 feet)
|
|
Minimum Separation From Princ. Bldg.
|
15 feet)
|
|
Maximum Bldg. Coverage
|
2 1/2%
|
|
Maximum Height
|
1 1/2 stories
|
|
Maximum Height
|
22 feet)
|
E.
Approximately 40% of the tract shall be retained as open space in
its natural state and an appropriate conveyance shall be made by the
developer to the Borough of Oakland as part of site plan or subdivision
approval under this section to guarantee said condition, subject to
any requirements of the Planning Board concerning improvements, including
but not limited to drainage facilities, and/or easements in this area.
[Added 12-19-1990 by Ord.
No. 90-Code-211]
F.
Any area or areas not incorporated in development lots and not conveyed to the Borough of Oakland shall be designated for common open space and shall be utilized only for such purposes as specified in Section 59-57A(2) hereof. Such space shall be owned and maintained by a designated homeowners, association or similar organization dedicated to the preservation of open space.
[Added 12-19-1990 by Ord.
No. 90-Code-211]
[Added 2-18-1981 by Ord.
No. 80-Code-910]
A.
The purpose of this district is to provide for the preservation of
publicly and semipublicly used lands within the Borough of Oakland
which, due to their geographic location, have innate value for recreative
and public purpose uses and which may also constitute fragile, sensitive
land resources due to their location in flood-prone areas or areas
of extremely difficult topography and accessibility.
B.
In furtherance of this purpose, the following specific use regulations
are hereby established:
(1)
Principal permitted uses.
(a)
Public and quasi-public recreative uses which clearly serve
a recreation and congregate social function which are limited to the
following specific activities:
(b)
A municipal building, municipal structure or municipal use and
other governmental buildings.
(c)
A telephone exchange or public utility sub-station housed in
a building that harmonizes with the character of the adjacent area
and land uses.
(d)
Schools and related educational facilities, government or proprietary
in nature.
(e)
First Aid Squad buildings and facilities.
[Added 10-25-1995 by Ord.
No. 95-Code-300]
(f)
Solar energy systems. Solar energy systems may be installed
only as an accessory use either on the roof of a permitted principal
or accessory structure or as freestanding structures such as above
a parking area.
[Added 5-22-2013 by Ord.
No. 13-Code-685]
[Added 1-2-1985 by Ord.
No. 84-Code-17]
A.
Purpose: to provide for the comprehensive, coordinated development
of contiguous tracts of land for multiple-family townhouse dwellings
in order to accomplish the following objectives:
(1)
Promote a more balanced, environmentally acceptable use of land
which encourages contemporary land use design and conservation of
open space.
(2)
Provide for development which does not adversely impact the
borough regarding traffic flow, recreational facilities and other
municipal services.
(3)
Provide for a variety of housing accommodations which are compatible
with a modern way of life and enhance the natural beauty and resources
of their surroundings.
B.
ACTIVE RECREATION AREA
BASEMENT
BEDROOM
BUILDING COVERAGE
BUILDING HEIGHT
CELLAR
COMMON OPEN SPACE
DRIVEWAY
GROSS DEVELOPMENT SITE AREA
MINIMUM HABITABLE FLOOR AREA
PARKING STALL
ROADWAY
SETBACK
STORY
TOTAL SITE COVERAGE
TOWNHOUSE DEVELOPMENT (T.H.)
TOWNHOUSES
For purposes of interpretation and implementation of this Article,
the following words and terms shall have the definitions hereinafter
provided. All other words and terms in this section shall have the
definitions as provided herein:
A parcel of land dedicated and designed for the use and enjoyment
of the owners and residents of the development, provided that the
said area may be improved with buildings, structures and facilities
incidental to the recreation use.
An area of a building partly underground, but having at least
1/2 of its clear ceiling height above the average finished grade level
at the exterior of the foundation. A "basement" shall be considered
as a story if used for dwelling or business purposes.
A room for sleeping. Each townhouse unit shall have at least
one bedroom with a minimum area of 150 square feet and the other bedroom
shall contain a minimum area of 120 square feet.
The percentage of gross development site area that is occupied
by a building's footprint or structure, including all roof areas.
The vertical dimensions measured from the average ground elevation of the finished grade at the front of the building to the highest point of the roof surface, if the roof is flat; to the deck line of a mansard roof; and to the average height between the plate and ridge of a gable, hip or gambrel roof. Average ground elevation shall be the average of the highest and lowest elevations along the finished grade at the front of the building, subject to the exceptions contained in § 59-45.
An area of building partially underground, having more than
1/2 of its clear ceiling height below the average finished grade level
at the exterior of the foundation.
An area of unimproved land within the site designated for
development; provided, however, that recreational facilities with
attendant building, structures and facilities may be situated therein,
as well as common building areas.
The limited vehicular access road serving a cluster of buildings
and/or parking areas in the T.H.
The total gross acreage of a development within existing
streets and/or property lines prior to development or subdivision,
including streets, easements and common open space portions of the
development.
The finished and heated area of a dwelling unit that is fully
enclosed by the inside surfaces of walls, windows, excluding cellar,
basements, attics, porches, garages, terraces, carports, heating rooms
and any unheated area. The ceiling height of 75% of the area must
be at least seven feet six inches.
[Repealed 9-10-2014 by Ord. No. 14-Code-703]
The common arterial vehicular access road serving a cluster
of buildings and/or parking areas in the T.H.
The setback of a building from a particular lot line is the
horizontal distance from such lot line to the part of the building
nearest such lot line.
That part of a building between the surface of any floor
and the next floor above it or, in its absence, then the finished
ceiling or roof above it. A split level story shall be considered
a second story if its floor level is six feet or more above the level
of the line of the finished floor next below it. Any floor under a
sloping roof at the top of a building which is more than two feet
below the top plate shall be counted as a half story.
The percentage of gross development site area that is occupied
by structures and all uncovered impervious surfaces such as parking
spaces, driveways and walkways.
An area with a specified minimum contiguous acreage to be
developed as a single entity according to a plan containing one or
more residential clusters, which may include appropriate accessory,
public or quasi-public uses all primarily for the benefit of the residential
development.
A building containing two or more dwelling units, each dwelling
unit separated by plane vertical party walls (horizontal townhouse),
separate and apart, each having direct access to the outside and the
street without use of a common hall or passageway.
C.
Permitted principal uses. No building or structure shall be erected
and no existing building or structure shall be reconstructed, moved,
altered, added to or enlarged, nor shall any land, building or structure
be designed, used or intended to be used for any purpose other than
as follows:
D.
Accessory uses. Any use which is subordinate, but related and customarily
incidental, to the principal permitted use:
(1)
Signs as otherwise regulated in the Borough Ordinances.
(2)
Noncommercial swimming pools, tennis courts and other outdoor
recreational facilities.
(3)
Private garages and off-street parking for private vehicles.
(4)
Solar energy systems. Such systems may be installed only as
an accessory use either on the roof of a permitted principal or accessory
structure or as freestanding structures such as above a parking area.
[Added 5-22-2013 by Ord.
No. 13-Code-685]
E.
Minimum site area requirements of T.H. No tract, parcel or lot shall
be developed as a planned townhouse development unless it contains
a minimum five acres of adjoining and contiguous land to be developed
as a single entity according to a plan or plans containing one or
more residential clusters.
F.
Residential units in a T.H. shall be designated in accordance with
the following standards:
(1)
Maximum building or structure length: 150 feet.
(2)
Horizontal townhouse building maximum number of units in a single
structure: 6.
(3)
Vertical and horizontal townhouse building maximum number of
units in a single structure: 8.
(4)
Maximum building height: 35 feet.
(5)
Maximum number of habitable stories: 2 feet.
(6)
Maximum number of horizontal units before a horizontal break:
2.
(7)
Minimum break in horizontal alignment: 5 feet.
(9)
Minimum building setback from public or private main access
roads: 40 feet.
(10)
Minimum building setbacks from internal driveways: 20 feet.
J.
Land use density requirements:
(1)
Maximum gross density: six units per acre, except that identifiable
topographically distinct areas of the site exceeding a natural slope
of 20% shall not be used for building or other structural improvements.
20% slope areas may be included in gross density calculations.
(2)
Maximum localized density: nine units per acre.
K.
Off-street parking requirements per dwelling unit of the T.H. shall
be as follows:
(1)
Townhouse: two parking spaces per dwelling.
(2)
There shall be no parking of any vehicle along roadways and
driveways.
(3)
Off-street parking spaces for visitors, 0.5 spaces per unit.
(4)
Number of off-street parking spaces required to be enclosed:
townhouse, per unit: 1.
(5)
Parking stall: size: 10 feet by 20 feet, exclusive of access
aisle.
L.
M.
Circulation requirements for T.H.
(1)
Any development or cluster within a development shall have two
separate access points to the roadway servicing the development. If
the main access to any T.H. development from the public road is limited
to one roadway containing one exit and one entrance lane, each shall
be 20 feet in width and separated from each other by a divider with
an average width of not less than 10 feet, and having a length of
not less than 100 feet.
(3)
Construction of pavement of all public roadways shall conform
to the borough standards for public roads.
(4)
Construction of paving of all driveways shall conform to the
borough standards for paving as contained in borough ordinance.
N.
Utility improvements and services for T.H.
(1)
Water facilities:
(a)
The site shall be connected to a municipal water system.
(b)
All facilities shall be designed and installed in accordance
with the standards of the applicable governmental bodies having jurisdiction
thereof.
(c)
All water mains shall be a minimum of eight inches in diameter
and shall be designed with fire hydrants to provide adequate fire
protection in accordance with the recommendations of the National
Fire Underwriters Board. The location of fire hydrants shall be determined
by the Municipal Fire Department.
(d)
The water storage system shall conform to the recommendations
of the National Fire Underwriters Board. A separate storage reservoir
shall be provided if tests indicate that municipal facilities are
inadequate due to low pressure or undersized mains or inadequate supply.
(2)
Sanitary sewage system.
(a)
The development shall be serviced by a central sanitary sewerage
collection and treatment system. The collection and facilities shall
be designed in accordance with the standards of the New Jersey Department
of Environmental Protection and/or appropriate local, county, state
and federal officials and agencies.
(b)
The developer shall provide an organization for the ownership
and maintenance of any and all sewerage collection and facilities,
including but not necessarily limited to all collectors, appurtenances,
pumping facilities and outfall sewers, not located within municipal
streets or rights-of-way. Said organization shall be fully responsible
for compliance with all federal, state and local laws and regulations;
for securing all pertinent permits, for the operation, function and
maintenance of any on-site facilities. Said organization shall not
be dissolved. Said organization shall be constituted in accordance
with the recommendations of the Borough Attorney.
(3)
Drainage and stormwater management:
(a)
The development shall be serviced by a stormwater management
system as provided by the Storm Water Control Ordinance adopted or
to be adopted and shall conform to all relevant federal and state
statutes, rules and regulations concerning stormwater management or
flood control.
(b)
Any T.H. Development will be required to provide a comprehensive
drainage system for the entire property, including a mandate that
there will not be any increase in the rate of runoff from the property
than exists in its present state (0% increase in peak runoff). Moreover,
the applicant will be required to ensure that there will be no significant
impact from this development to the adjoining properties.
(4)
Electric, gas, telephone and cable television services, if available,
shall be provided by the developer in concert with the appropriate
public utility providing such service and shall be installed underground,
except high voltage, electric primaries over 30,000 volts. One master
television antenna or one cable television connection shall be provided
for each building.
(5)
Street improvements, monuments, street names and other traffic
control devices, shade trees, streetlights, sidewalks, curbs, fire
hydrants and all aspects of street construction, as well as other
improvements, shall be subject to local and state regulations and
Borough Engineer approval.
(6)
Refuse pickup areas shall be provided and shall be located for
the convenience of townhouse residents. All such areas shall be screened
with evergreens on at least three exposed sides and planted to a height
of at least four feet with maximum growth of at least six feet in
height.
(7)
The residents of the T.H. Development shall be required to provide
for the upkeep, maintenance and expense of sanitary sewer system,
roads, drives, parking facilities, drainage facilities, streetlighting,
refuse pickup, snow-plowing and all other services as may be required
by the Planning Board of the Borough of Oakland.
O.
Common open space implementation requirements:
(1)
The area for detention basins and other drainage control devices
shall not qualify as active recreation space as required by this Article.
Land having slopes in excess of 20% and chronically wet marshland
shall not qualify as active recreation space as required by this Article.
(2)
Active recreation space may be improved with facilities, buildings
and structures for indoor and outdoor recreational activities consistent
with the residential character of the development.
(3)
All improvements of the common open space area, as shown on
the approved site plan, including recreational facilities, buildings
and structures shall be completed before a certificate of occupancy
shall be granted to more than 75% of the proposed dwelling units.
(4)
All owners and residents of the Planned Residential Development
shall have the right to use the common open space and active recreational
facilities, subject to reasonable rules and regulation. In the event
that the proposed development shall consist of a number of stages,
the developer shall provide active recreational areas proportionate
in size to the stage being considered for final approval.
(5)
All open space shall be connected to residential areas with
walkways or other reasonable means of access.
P.
General design standard of T.H.
(1)
Buffer.
(a)
The developer shall provide and maintain a buffer area of not
less than 25 feet from all external lot lines of the development.
The said buffer area shall be kept in its natural state where wooded
and where natural vegetation is sparse or nonexistent, the area shall
be planted to provide a year-round natural screen.
(c)
The required buffer area shall be included for a purpose of
computing compliance with the common open space requirements and yard
setback requirements of this Article.
(d)
The Planning Board may modify the requirements for a buffer
area upon finding that the Planned Residential Development abuts another
Planned Residential Development or a natural or man-made barrier and
that, by reason thereof, the buffer area may be modified without detriment
to existing or proposed uses.
(2)
Each building and structure and each complex of the same shall
have a compatible architectural theme with appropriate variations
in design to provide attractiveness to the development. Such variations
shall result from the use of landscaping and the location and orientation
of buildings and structures to the natural features of the site.
(3)
Landscaping.
(a)
Landscaping shall be provided throughout the development site
to provide a natural setting for buildings, structures and recreational
facilities. Shade trees shall be planted at the discretion of the
Planning Board adjacent to public or private roadways. The trees shall
be hard maple or ash, or a similar tree as approved by the Planning
Board. No tree shall be planted nearer than 25 feet to an intersection.
(b)
All island or unpaved areas within a street shall be landscaped.
(c)
Within any area of clearing not occupied by a building, structure,
street, parking area or recreational facility, there shall be provided
a minimum of 12 trees per acre calculated on gross acreage. The trees
shall have a minimum diameter of four inches as measured three feet
above ground; existing trees meeting the aforesaid criteria shall
be included in determining compliance herewith.
(4)
Concrete walkways shall be provided between residential buildings
and common parking areas. Walkways shall have a minimum width of four
feet.
(5)
No natural vegetation shall be disturbed except as approved
by the Planning Board. The site plan shall indicate the maximum area
of clearing.
(6)
No building or structure shall be located within 35 feet of
high-water mark of any stream or watercourse.
(7)
Adequate lighting fixtures for walks, steps, parking areas,
driveways, streets and other facilities shall be provided at locations
to provide for the safe and convenient use of the same. Fixtures shall
be situated and designated in keeping with the character of the development
and shall be adequately shaded to screen windows of dwelling units,
both off and on the development site, from direct and indirect light.
No flashing, intermittent, moving light shall be permitted. All lighting,
including illumination levels, shall conform to the recommendation
of the Borough Engineer.
(8)
Air-conditioning units in excess of 2,500 Btu's shall be screened
and insulated for aesthetic and acoustical purposes.
(9)
Every dwelling unit shall have two means of ingress and egress
to the exterior without sharing a hallway, stairway or elevator with
another unit.
(10)
Adequate sound protection between dwelling units shall be provided
and designed in accordance with sound engineering principles.
Q.
Ownership and maintenance.
(1)
The developer shall have the right to offer the common open
space for dedication to the municipality.
(2)
In the event that the municipality shall not accept the dedication
or the developer shall not offer the same the following regulations
shall apply:
(a)
The developer shall establish an organization for the ownership
and maintenance of any common open space and off-street parking space
for the benefit of residents of the development. Such open space and
other property shall be held in perpetuity by the organization subject
to an open space easement. Structures and facilities in support of
recreational activity may be constructed in accordance with site plan
approval. Such organization shall not be dissolved, and shall not
dispose of any open space, by sale or otherwise, except to an organization
conceived and established to own and maintain the open space for the
benefit of such development, and ownership and maintenance of any
common open space and off-street parking for the benefit of residents
of the development. Thereafter, such organization shall not be dissolved
or dispose of any of its open space without obtaining the consent
of the members of the organization as provided by law and also without
offering to dedicate the same to the municipality. The developer shall
be responsible for the maintenance of any such open space and provide
for all services to the development until such time as the organization
established for its ownership and maintenance shall be formed and
functioning and shall be required to furnish a performance guaranty
in an amount to be fixed by the municipality's engineer for such maintenance
for a period of two years after the date of acceptance of all streets
in the development.
(b)
In the event that the organization shall fail to maintain the
open space in reasonable order and condition, the governing body may
serve written notice upon such organization or upon the residents
and owner of the development setting forth the manner in which the
organization had failed to maintain the open space in reasonable condition,
and demanding that such deficiencies are remedied within 35 days of
the date of service. The notice shall also state the date and place
of a hearing thereon which shall be held within 15 days after the
date of the notice. At such hearing the governing body may modify
the terms of the original notice as to deficiencies and may give an
extension of time not to exceed 65 days within which they shall be
cured. If the deficiencies set forth in the original notice or in
the modification thereof shall not be cured within said 35 days or
any permitted extension thereof, the governing body, in order to preserve
the open space and maintain the same for a period of one year, may
enter upon and maintain such land. Said entry and maintenance shall
not vest in the public any rights to use the open space except when
the same is voluntarily dedicated to the public by the owners. Before
the expiration of said year, the governing body shall, upon its initiative
or upon the request of the organization theretofore responsible for
the maintenance of the open space, call a public hearing upon 15 days'
written notice to such organization and to the residents and owners
of the development, to be held by the governing body, at which hearing
such organization and the residents and owners of the development
shall show cause why such maintenance by the municipality shall not,
at the discretion of the governing body, continue for a succeeding
year. If the governing body shall determine that such organization
is ready and able to maintain such open space in reasonable condition,
the municipality shall cease to maintain said open space at the end
of said year. If the governing body shall determine that such organization
is not ready and able to maintain said open space in a reasonable
condition, the municipality may, in its discretion, continue to maintain
said open space during the next succeeding year, subject to a similar
hearing and determination, in each year thereafter. The decision of
the governing body in any such case shall constitute a final administrative
decision subject to judicial review.
(c)
The cost of such maintenance by the municipality shall be assessed
pro rata against the properties within the development that have a
right of enjoyment of the open space in accordance with the assessed
value at the time of imposition of the lien, and shall become a tax
lien on said properties and be added to and be a part of the taxes
to be levied and assessed thereon, and enforced and collected with
interest by the same officers and in the same manner as other taxes.
(d)
It shall be the responsibility of the owner of the common open
space to maintain, in addition to the common open space, all off-street
parking, loading and unloading areas, driveways, aisles, sidewalks
and accessways in good condition, free of litter and refuse, potholes,
cracked pavement, ice, snow or other seasonal hazards, etc. All lighting,
bumpers, markings, signs, drainage and landscaping shall be similarly
kept in workable, safe condition. If the owner fails to undertake
repairs after proper notification by the Construction Official, the
governing body may authorize repairs to be made at the owner's expense
if, in the governing body's opinion, conditions constitute a hazard
to the safety and welfare of the municipality, residents and visitors.
(e)
All documents pertaining to any neighborhood association of
common open space shall be subject to review by the municipality's
Attorney, shall be countersigned by the Chairman of the Planning Board
and the Mayor and recorded as a covenant running with the land when
the final plat is recorded by the County Clerk.
R.
Administrative provisions.
(1)
Any application for a townhouse development shall be processed
and reviewed pursuant to the procedures and standards of the Site
Plan Ordinance and, where applicable, the land subdivision ordinance
and the laws, rules and regulations of any other governmental entity
having jurisdiction over the subject matter. The Planning Board may
engage, at the cost and expense of the applicant and/or developer,
any and all necessary experts to assist the Planning Board in the
review of any aspects of the application.
(2)
The applicant for a townhouse development shall submit a comprehensive
conceptual site plan for the entire area so zoned and under the applicant's
control. Said plan shall be in accordance with the terms of the zoning
ordinance, site plan ordinance, subdivision ordinance and the laws,
rules and regulations of any other governmental entity having jurisdiction
over the subject matter. The comprehensive plan shall be submitted
as part of the preliminary site-plan application.
(3)
Staging. Each planned residential development may be developed
in stages as outlined herein.
(a)
Applications for final site plan approval or final subdivision
approval or both shall be limited to a minimum of 25% of the total
number of housing units authorized by the Planning Board at the preliminary
application stage. Once a final stage is approved by the Planning
Board, the second stage shall not be permitted for consideration by
the Planning Board for a period of not less than three months. All
subsequent stages shall likewise have a waiting period of no less
than three months from the time of approval granted by the Planning
Board of preceding stage.
(b)
Sequence of stages. In the deliberation of the proposed sequence
of stages, the Planning Board shall be guided by the following criteria
and factors:
[1]
That each stage is substantially self-functioning and self-sustaining
with regard to access, utility service, parking, open space and other
similar physical features and shall be capable of occupancy, operation
and maintenance upon completion of construction and development.
[2]
That each stage is properly related to every other segment of
the planned development and to the community as a whole and to all
necessary community services which are available or which may be needed
to serve the planned development in the future.
[3]
That adequate protection will be provided to ensure the proper
disposition of each stage through the use of maintenance and performance
guaranties, covenants and other formal agreements.
[4]
That the landowner will provide a balanced distribution for
development in each stage. Said disposition shall be judged on the
basis of the level of improvement cost, physical planning and coordination
required and other relationships which may be necessary to undertake
in each stage or segment.
(4)
Environmental standards. No site plan for T.H. shall receive
approval until an environmental impact study shall be submitted to
and approved by the Borough of Oakland Planning Board or Board of
Adjustment as appropriate. The purpose of obtaining said approval
is to determine that the impact of this proposed project will not
unreasonably affect the environment of the proposed development and
its surroundings.
(a)
Plan and description of development. A project description,
complete with maps and drawings, which shall specify what is to be
done and how it is to be done during construction and operation. The
description shall include but not be limited to contours, buildings,
roads, paved areas, grading and regrading, adjacent natural streams
and the project's relationship to surrounding property and utility
lines.
(b)
Inventory of existing environmental conditions. An inventory
of existing environmental conditions at the project site and in the
affected region which shall describe air quality, water quality, water
supply, hydrology, geology, soils and properties thereof, including
capabilities and limitations, sewerage systems, topography, slope,
vegetation, wildlife, habitat, aquatic organisms, noise characteristics
and levels, demography, land use, aesthetics, history, archeology
and socioeconomic aspects. Air and water quality shall be described
with reference to standards promulgated by the Department of Environmental
Protection of the State of New Jersey, and soils shall be described
with reference to the Bergen County Soil Survey and the criteria contained
in the Bergen County Soil Conservation District Standards and Specifications.
(c)
Assessment of environmental impact of project. An assessment,
supported by environmental data, of the environmental impact of the
project upon the factors described in the inventory of Existing Environmental
Conditions shall be submitted and shall include an evaluation of water
use, liquid and solid wastes on the quality and quantity of surface
and groundwaters. The assessment shall also include an evaluation
of the public costs of the project, including but not limited to the
costs of additional schools, roads, police, etc., and indirect costs,
such as the loss of open space.
(d)
Steps to minimize environmental damage. A description of steps
to be taken to minimize and mitigate adverse environmental impacts
during construction and operation, both at the project site and in
the affected region, shall be included, such description to be accompanied
by necessary maps, schedules and other explanatory data as may be
needed to clarify and explain the action to be taken.
S.
Off-tract improvements shall be governed by the Site Plan Review
and Subdivision of Land Ordinances of the Borough of Oakland.
A.
The housing, breeding, raising or keeping of any pigs, hogs or swine,
cattle or poultry is hereafter prohibited throughout the Borough of
Oakland, except that the housing and keeping of cattle and poultry
shall be permitted in a residential zone for personal use only, provided
that:
(1)
The lot upon which they are to be raised or kept has a minimum area
of one acre; and
(2)
The number of cattle thereon shall be limited to three head per acre.
The raising and keeping of horses, ponies, mules, asses and donkeys
is permitted as specifically regulated by Chapter 29 of the Code of
the Borough of Oakland, provided that the same are housed and kept
for exercise and recreational purposes by the resident owner and his
family and further provided that nothing herein nor anything contained
in the provisions of Chapter 29 of the Code of the Borough of Oakland
shall be construed as permitting the operation of a commercial stable.
[Amended 11-1-1989 by Ord. No. 89-Code-17l]
A.
Front setback. In any residential zone, a front yard is required
on every lot which shall be at all points of a depth of not less than
as specified in Schedule A: Limiting Lot and Yard Sizes and Bulk Principal
Building and Use;[1] provided, however, that where the existing front yards observed by the buildings within the same block are of a greater or lesser depth than specified in Schedule A: Limiting Lot and Yard Sizes and Bulk Principal Building and Use, the front yard shall be at least equal in depth to the average depth of such existing front yard within the same block, but in no case shall the depth of the front yard be less than 30 feet in blocks having less than 1,000 feet in frontage, subject to the provisions of § 59-60A(3).
(1)
In blocks of less than 1,000 feet in street frontage, where there
are no dwellings within the block, no new building shall be erected
with its street wall or the walls of covered porches nearer the street
line than the minimum depth shown for said applicable residential
zone specified in the Schedule A: Limiting Lot and Yard Sizes and
Bulk Principal Building and Use.
(2)
In any block having a street frontage of 1,000 feet or more, the average front setback of a dwelling shall be the mean of the setback line of the dwelling within 400 feet from each of the side lines of the lot on which the proposed dwelling is to be erected, not including the width of any intervening street, if such be the case, but in no case shall the depth of the front yard be less than 30 feet, subject to the provisions of § 59-60A.
(3)
Notwithstanding anything in the above provisions to the contrary,
in addition to the requirements set forth therein, the front line
setback of a dwelling, to be erected on a lot in the RA-3 Single-Family
Residence Zones which within 100 feet on either side of such lot upon
which said proposed dwelling is to be erected there are existing dwellings,
shall in no case be less than the mean of the setback lines of the
nearest lot on each side on which dwellings are erected.
(4)
On a lot on a cul-de-sac curved street, the setback lines shall be
measured from the same lot line on the same arc as the arch of the
curve on the lot line.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
B.
Buildings on corner lots. A building erected on a corner lot shall
comply with the provisions set forth in the schedule limiting lot
and yard sizes and building bulk,[2] subject to the following provisions:
(1)
The principal building may be placed diagonally and yards shall then
be located and measured as follows:
(a)
The front yard shall be considered as all the space between
the streets and the front line of the principal building extended
to intersect the street lines. The front yard depth shall be as set
forth in the schedule limiting lot and yard sizes and building bulk,
measured from the outside front corners along a line perpendicular
to the street.
(b)
The rear yard shall be considered as all that space between
the rear line of the principal building extended to intersect the
lot lines and said lot lines. The rear yard depth shall be as set
forth in the schedule limiting lot and yard sizes and building bulk
and shall be the distance between the rear line of the principal building
and the lot lines, measured along the side lines of the building extended.
(c)
The side yards shall be considered all that space adjoining
the side of the principal building and between the front and rear
yards. At no point shall such building be closer to the lot lines
than the minimum width of the side yard set forth in the schedule
limiting lot and yard sizes and building bulk, which shall be measured
along a perpendicular to the lot lines from the nearest point of said
building.
(2)
An attached garage shall be considered as an integral part of the
principal building, and the above front setbacks shall be maintained
from the outside corners of said garage.
(3)
A detached garage or other accessory structure shall meet the requirements
for accessory buildings as to placement provided in the schedule limiting
lot and yard sizes and building bulk.
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.
A.
Spaces or facilities to be maintained by owner or occupant. In all
zones, parking spaces and other related facilities for the use of
occupants, employees and patrons of buildings hereafter erected, extended,
enlarged or changed in use shall be provided and maintained by the
owner or occupant in accordance with the provisions of this section.
B.
No encroachment permitted on established spaces and appurtenances.
All such parking spaces and loading spaces, together with such passageways
and driveways, shall be deemed to be required spaces on the lot on
which the same are situated and shall not thereafter be encroached
upon or reduced in any manner except as otherwise provided herein.
C.
FLOOR AREA
Floor area defined. As used in this section, the following term shall
have the meaning indicated:
In the case of offices, merchandising, banking or service
types of uses, the gross floor area used or intended to be used for
service to the public as customers, patrons, clients or patients or
as tenants, including areas occupied by fixtures and equipment used
for display or sale of merchandise. It shall not mean floors or parts
of floors used principally for nonpublic purposes, such as storage
and show-window areas or floors or parts of floors used principally
for toilets or rest rooms or for utilities.
D.
Seating facilities. In auditoriums and other places of public assembly
in which persons occupy benches or other similar seating facilities,
each 20 inches of said seating facilities shall be counted as one
seat.
E.
Required parking spaces. The location of such required parking space
shall be as follows:
(1)
The parking space required for one-family dwellings shall be on the
same lot or parcel of land as the dwelling to be served.
(2)
Except for dwellings, any two or more establishments may collectively
join in providing the required parking spaces, provided that the total
of such parking spaces shall equal the sum of the requirements required
of each particular establishment and provided further that such joint
facilities shall be within 500 feet of each participating establishment.
F.
Minimum number of required parking spaces. The minimum required parking
spaces shall be determined and fixed in accordance with the following:
(1)
One-family dwellings: two parking spaces.
(2)
One-family dwellings, including home occupation use or professional
use: one parking space for each 100 square feet of floor space devoted
to said uses in addition to the two parking spaces required for the
dwelling.
(3)
Boardinghouse or rooming house: one parking space for each two guest
bedrooms.
(4)
Auditorium; other places of public or semi-public assembly; club
uses: one parking space for each three seats.
(5)
School: two parking spaces for each classroom.
(6)
Restaurant; other places serving food or drink: one parking space
for each four seats.
[Amended 11-23-2021 by Ord. No. 21-Code-859]
(7)
Bowling alley establishment: three parking spaces for each bowling
alley.
(8)
Mortuary; funeral home: Minimum of 20 parking spaces for one parlor,
plus 10 parking spaces for each additional parlor.
(9)
Store; personal service shop; bank: one parking space for each 150
square feet of floor area.
[Amended 7-20-1983 by Ord. No. 83-Code-992; 12-21-1994 by Ord. No. 94-297]
(10)
Medical, dental and related professional health care services:
one parking space for each 100 square feet of floor area.
[Amended 7-20-1983 by Ord. No. 83-Code-992]
(11)
Multiple-family residence: sufficient parking shall be provided
for all multiple-dwelling structures so as to provide two off-street
parking spaces for each dwelling unit. Each garage space may be counted
as an off-street parking space. All facilities shall be under lock
and key and accessible only to occupants of the specific building
in which they are located.
[Amended 12-21-1994 by Ord. No. 94-297]
G.
With respect to the off-street parking requirements in any industrial,
research, industrial park and/or office zone, the minimum number of
parking spaces shall be as follows:
[Added 12-21-1994 by Ord.
No. 94-297]
(1)
Warehouse use. One parking space for each two employees thereof,
computed on the basis of the greatest number of persons to be employed
at any one period but in no event fewer than one parking space per
2,000 square feet of gross floor area of the building, or portion
thereof.
(2)
Industrial use. One parking space for each 600 square feet of gross
floor area.
(3)
Office use. One parking space for each 250 square feet of floor area
used for office.
(4)
Research use. One parking space for each 250 square feet of floor
area used for research.
(5)
When computing the number of parking spaces, the floor area for separate
uses shall be individually computed. By way of illustration, if a
building in any one of the applicable zones shall consist of 10,000
square feet, of which 5,000 square feet will be used as warehouse
and 5,000 square feet will be used as office, the parking requirements
shall be computed separately, that is, no less than one parking space
per 2,000 square feet with respect to the warehouse space (three spaces
in this illustration) and no less than one parking space for each
250 square feet of office space (20 spaces in this illustration) for
a total of 23 parking spaces.
(6)
The minimum number of parking spaces required by Section 59-61G may be reduced by an amount not to exceed 20% of the required total parking spaces if the applicant demonstrates by clear and convincing evidence that the total number of parking spaces is not necessary.
(7)
All certificates of occupancy issued pursuant to Section 59-106 shall state the total number of parking spaces to be installed. Use of the premises by parking more vehicles thereon than there are parking spaces provided, shall constitute a change in use of the premises requiring the issuance of a new certificate of occupancy under Section 59-106. In such circumstances, the Zoning Enforcement Officer shall issue the owner of the premises a notice informing said owner that the certificate of occupancy will become null and void 45 days from the date of the notice unless an application is made to the Planning Board within 45 days for a new certificate of occupancy.
H.
Aisles and driveways. All parking spaces, other than in residential zones, shall be provided with aisles and driveways giving access thereto, which shall be paved and drained and maintained in a good usable condition. Such aisles and driveways shall be paved and established in accordance with § 59-40B(11) of this chapter.
[Amended 12-21-1994 by Ord. No. 94-297]
I.
Location of facilities to be indicated on application. The precise
location and area of parking and driveway facilities shall be set
forth in all applications for building and zoning permits.
[Amended 12-21-1994 by Ord. No. 94-297]
J.
Exterior parking areas with a capacity of three or more spaces serving
an inclusionary triplex or two-family dwelling shall be located in
the rear or side yards only. Said parking area shall have side and
rear yard minimum setbacks of 10 feet from the property line. All
exterior lighting associated with exterior parking areas serving inclusionary
triplex or two-family dwellings shall be shielded from adjacent properties.
Each off-street parking area shall be effectively screened from adjacent
properties by the use of landscape design elements.
[Added 5-9-2012 by Ord.
No. 12-Code-662]
K.
Off-street parking standards in the Downtown-I Zone.
[Added 9-19-2012 by Ord.
No. 12-Code-672; amended 8-16-2023 by Ord. No. 23-Code-925]
(1)
Standards.
(a)
All off-street parking areas shall be surfaced with an asphalt,
bituminous, or cement binder pavement, which shall be graded and drained
to an approved stormwater management facility.
(b)
All lighting in connection with off-street parking shall be
so arranged and fully shielded as to reflect the light downward away
from all adjoining streets and dwellings. Each applicant shall demonstrate
sufficient lighting controls are implemented to reduce sky glow and
control of glare from the property. The use of total-cutoff fixtures
are encouraged to achieve these requirements.
(c)
Off-street parking facilities may be placed in a side or rear
yard or a combination of the two.
(d)
Aisle width. Provision shall be made for safe and adequate circulation
of vehicles and pedestrians between, within and adjoining the subject
property.
(e)
Location of driveways. All entrance and exit driveways to a
public or private street shall be located so as to afford maximum
safety to pedestrian users of said roadway, to provide for safe and
convenient ingress and to minimize conflict with the free flow of
pedestrian traffic. Common driveways between adjacent properties are
encouraged throughout the Downtown-I Zone.
(f)
The Borough encourages the consolidation and sharing of off-street
parking among and between different properties. The Borough's
intention is for developers to provide adequate parking in safe and
convenient locations without providing an over supply of parking.
Applicants shall demonstrate through competent testimony and reports
the sufficiency of the shared parking for all properties under consideration.
When proposing shared parking, applicants shall demonstrate to the
board attorney that sufficient legal protections are established for
the long-term viability and maintenance of the shared parking arrangement.
(g)
The following parking standards shall be established for uses
within the Downtown-I Zone.
|
Land Uses
|
Required Off-Street Parking Spaces
|
|---|---|
|
Banks and savings institutions
|
1 per 300 square feet of LFA
|
|
Child-care centers
|
1 per 10 children, plus 1 space per staff
|
|
Clubs and fraternal organizations
|
1 per 400 square feet GFA
|
|
Eating establishments, restaurants, restaurants with bar
|
1 space for each 4 seats
|
|
Funeral home
|
1 per 300 square feet GFA
|
|
House of worship
|
1 per 4 seats; for benches, 1 seat = 3 feet of linear space
|
|
Medical or dental offices
|
1 per 150 square feet of LFA
|
|
Office
|
1 per 250 square feet of LFA
|
|
Place of public assembly
|
1 per 4 fixed seats or 1 per 75 square feet of floor area, whichever
is greater
|
|
Recreational uses (including health clubs)
|
1 per 250 square feet GFA
|
|
Retail store, and personal service establishments
|
1 per 250 square feet of LFA
|
|
Residential uses
|
In accordance with RSIS
|
|
Schools
Elementary (K through 8)
|
2 per classroom; but not less than 1.5 per teacher and staff
|
|
Other uses not provided herein shall be determined by the approving
authority
|
|
Notes relating to parking requirements:
|
|
GFA = Gross floor area
|
|
LFA = Leasable floor area
|
(h)
Inclusion of any use in the above table does not imply it is
a permitted use in the Downtown-I Zone. See the applicable sections
of this Code for the enumeration of permitted uses.
(i)
A one-car garage and driveway combination shall count as 2.0
off-street parking spaces, provided the driveway measures a minimum
of 18 feet in length between the face of the garage door and the right-of-way.
A two-car garage and driveway combination shall count as 3.5 off-street
parking spaces, provided a minimum parking area width of 20 feet is
provided for a minimum length of 18 feet as specified for a one-car
garage and driveway combination. (N.J.A.C. 5:21-4.14d)
(j)
When housing is included in mixed-use development, a shared
parking approach to the provision of parking shall be permitted. (N.J.A.C.
5:21-4.14e)
(k)
The following standards apply to senior citizen housing. This
use is not specifically identified in the State Residential Site Improvement
Standards (N.J.A.C. 5:21 et seq): 0.75 spaces for each one-bedroom
unit and 1.25 spaces for each two-bedroom unit.
(l)
Applicant shall install make ready equipment for the purpose
of charging electronic vehicles as required by state statute or local
ordinance.
(2)
Parking spaces for the disabled.
(a)
In any nonresidential parking lot, designated parking spaces
for disabled persons shall be required as follows (these spaces shall
be considered part of the total number of required spaces):
|
Required Parking for the Disabled
| |
|---|---|
|
Total Parking Spaces in Lot
|
Required Number of Parking Spaces for the Disabled
|
|
Up to 25
|
1
|
|
26 to 100
|
2
|
|
Over 100
|
2% of total spaces in lot
|
(b)
Parking spaces for the disabled shall be located in one area
and designated as parking for the handicapped. They shall be located
so that access does not require wheeling or walking behind parked
cars. Parking spaces for the disabled shall be at least eight feet
wide with a five-foot access area located adjacent to the driver's
side.
(3)
Parking area design standards.
(a)
Off-street parking lots intended for customer use.
[1]
Aisle width. Provisions shall be made for the safe and adequate
circulation of vehicles and pedestrians within and adjoining the subject
property. Aisle widths providing direct access to individual parking
stalls designated for customer use shall be in accordance with the
standards established in the table below. Only one-way traffic shall
be permitted in aisles of less than 24 feet in width.
|
Minimum Aisle Width
| ||
|---|---|---|
|
Parking Angle
|
Minimum Aisle Width
(feet)
| |
|
One-Way
|
Two-Way
| |
|
0° (parallel parking)
|
12
|
24
|
|
30°
|
15
|
N/A
|
|
45°
|
18
|
N/A
|
|
60°
|
20
|
N/A
|
|
90° (perpendicular parking)
|
22
|
24
|
(b)
Parking stall dimensions.
[1]
Parking stalls shall dimension nine feet by 18 feet with a paved
area of 162 square feet, provided that parking stalls within lots
which contain retail uses utilizing shopping carts shall be 10 feet
by 20 feet.
[2]
Two feet of the parking area may be a pervious overhang, but
same shall not be included in any required parking setback, buffer
or green area.
[3]
Parallel parking stalls shall be eight feet by 19 feet or 46
feet in tandem.
(4)
Circulation within parking area designed and intended to be utilized
by customers and clients of an establishment.
(a)
All parking spaces shall be designed free and clear of any obstruction
to individual parking stalls.
(b)
Parking spaces shall be located in such a fashion as to permit
all vehicles to exit in a safe and orderly manner. Under no condition
shall vehicles be permitted to back out of a parking lot driveway
or a parking space directly into the public right-of-way or otherwise
block the free movement of traffic within the parking area or specific
points of safety control, such as fire hydrants, doorways, elevators
or other similar locations.
(c)
Pedestrian circulation within a parking area shall be, to as
great an extent as possible, separated from vehicular traffic. Safety
zones, crossing points and sidewalk areas, where warranted, shall
be provided.
(5)
Off-street parking lots intended for employees only.
(a)
The Borough recognizes and encourages the continued use of small
parking areas typically behind stores that are primarily intended
to serve the parking needs of employees and the store's loading
needs. As such, for employee parking areas of no more than six vehicles
(which can be parking in a tandem design), the standards otherwise
applicable both to parking stall dimension requirements and to parking
lot design are exempt from the standards detailed above. Employee
parking must be in one general location and must allow for emergency
vehicle access.
L.
Off-street parking standards in the Downtown-II Zone.
[Added 9-19-2012 by Ord.
No. 12-Code-673; amended 8-16-2023 by Ord. No. 23-Code-926]
(1)
Standards.
(a)
All off-street parking areas shall be surfaced with an asphalt,
bituminous, or cement binder pavement which shall be graded and drained
to an approved stormwater management facility.
(b)
All lighting in connection with off-street parking shall be
so arranged and fully shielded as to reflect the light downward away
from all adjoining streets and dwellings. Each applicant shall demonstrate
sufficient lighting controls are implemented to reduce sky glow and
control glare from the property. The use of total-cutoff fixtures
are encouraged to achieve these requirements.
(c)
Off-street parking facilities may be placed in a side or rear
yard or a combination of the two yards.
(d)
Aisle width. Provision shall be made for safe and adequate circulation
of vehicles and pedestrians between, within and adjoining the subject
property.
(e)
Location of driveways. All entrance and exit driveways to a
public or private street shall be located so as to afford maximum
safety to said roadway, to provide for safe and convenient ingress
and to minimize conflict with the free flow of pedestrian traffic.
(f)
The Borough encourages the consolidation and sharing of off-street
parking among and between different properties. The Borough's
intention is for developers to provide adequate parking in safe and
convenient locations without providing an oversupply of parking. Applicants
shall demonstrate through competent testimony and professional reports
the sufficiency of the shared parking for all properties under consideration.
When proposing shared parking, applicants shall demonstrate to the
board attorney that sufficient legal protections are established for
the long-term viability and maintenance of the shared parking arrangement.
(g)
The following parking standards shall be established for uses
within the Downtown-II Zone:
|
Land Uses
|
Required Off-Street Parking Spaces
|
|---|---|
|
Banks, savings and financial institutions
|
1 per 300 square feet of LFA
|
|
Child-care centers
|
1 per 10 children, plus 1 space per staff
|
|
Clubs and fraternal organizations
|
1 per 400 square feet GFA
|
|
Eating establishments, restaurants, restaurants with bar
|
1 space for each 4 seats
|
|
Funeral home
|
1 per 300 square feet GFA
|
|
House of worship
|
1 per 4 seats; for benches, 1 seat = 3 feet of linear space
|
|
Medical or dental offices
|
1 per 150 square feet of LFA
|
|
Office
|
1 per 250 square feet of LFA
|
|
Place of public assembly
|
1 per 4 fixed seats or 1 per 75 square feet of floor area, whichever
is greater
|
|
Recreational uses (including health clubs)
|
1 per 250 square feet GFA
|
|
Retail store, and personal service establishments
|
1 per 250 square feet of LFA
|
|
Residential uses
|
In accordance with RSIS
|
|
Other uses not provided herein shall be determined by the approving
authority
|
|
Notes Relating to Parking Requirements:
|
|
GFA = Gross floor area
|
|
LFA = Leasable floor area
|
(h)
The inclusion of any use in the above table does not imply it
is a permitted use in the Downtown-II Zone. See the applicable sections
of this code for the enumeration of permitted uses.
(i)
A one-car garage and driveway combination shall count as 2.0
off-street parking spaces, provided the driveway measures a minimum
of 18 feet in length between the face of the garage door and the right-of-way.
A two-car garage and driveway combination shall count as 3.5 off-street
parking spaces, provided a minimum parking area width of 20 feet is
provided for a minimum length of 18 feet as specified for a one-car
garage and driveway combination. (N.J.A.C. 5:21-4.14d)
(j)
When housing is included in mixed-use development, a shared
parking approach to the provision of parking shall be permitted. (N.J.A.C.
5:21-4.14e)
(2)
Parking spaces for the disabled.
(a)
In every nonresidential parking lot, designated parking spaces
for disabled persons shall be required as follows (these spaces shall
be considered part of the total number of required spaces):
|
Required Parking for the Disabled
| |
|---|---|
|
Total Parking Spaces in Lot
|
Required Number of Parking Spaces for the Disabled
|
|
Up to 25
|
1
|
|
26 to 100
|
2
|
|
Over 100
|
2% of total spaces in lot
|
(b)
Parking spaces for the disabled shall be located in one area
and designated as parking for the handicapped. They shall be located
so that access does not require wheeling or walking behind parked
cars. Parking spaces for the disabled shall be at least eight feet
wide with a five-foot access area located adjacent to the driver's
side.
(3)
Parking area design standards.
(a)
Off-street parking lots intended for customer use.
[1]
Aisle width. Provisions shall be made for the safe and adequate
circulation of vehicles and pedestrians within and adjoining the subject
property. Aisle widths providing direct access to individual parking
stalls designated for customer use shall be in accordance with the
standards in Table 3. Only one-way traffic shall be permitted in aisles
of less than 24 feet in width.
|
Minimum Aisle Width
| ||
|---|---|---|
|
Parking Angle
|
Minimum Aisle Width
(feet)
| |
|
One-Way
|
Two-Way
| |
|
0° (parallel parking)
|
12
|
24
|
|
30°
|
15
|
N/A
|
|
45°
|
18
|
N/A
|
|
60°
|
20
|
N/A
|
|
90°
(perpendicular parking)
|
22
|
24
|
(b)
Parking stall dimensions.
[1]
Parking stalls shall dimension nine feet by 18 feet with a paved
area of 162 square feet, provided that parking stalls within lots
which contain retail uses utilizing shopping carts shall be 10 feet
by 20 feet.
[2]
Two feet of the parking area may be a pervious overhang, but
same shall not be included in any required parking setback, buffer
or green area.
[3]
Parallel parking stalls shall be eight feet by 19 feet or 46
feet in tandem.
(4)
Circulation within parking area designed and intended to be utilized
by customers and clients of an establishment.
(a)
All parking spaces shall be designed free and clear of any obstruction
to individual parking stalls.
(b)
Parking spaces shall be located in such a fashion as to permit
all vehicles to exit in a safe and orderly manner. Under no condition
shall vehicles be permitted to back out of a parking lot driveway
directly into the public right-of-way or otherwise block the free
movement of traffic within the parking area or specific points of
safety control, such as fire hydrants, doorways, elevators, or other
similar locations.
(c)
Pedestrian circulation within a parking area shall be, to as
great an extent as possible, separated from vehicular traffic. Safety
zones, crossing points and sidewalk areas, where warranted, shall
be provided.
[Amended 11-1-1989 by Ord. No. 89-Code-171]
A.
Compliance to schedule required. In a residential zone, no dwelling
shall hereafter be erected unless it complies with the minimum floor
area requirements set forth in Schedule D: Minimum Livable Floor Area
in Residential Zones, which is hereby made a part of this chapter,
fixing the minimum floor areas of residential buildings.[1]
[1]
Editor's Note: Said schedule is included in Subsection C and is included as an attachment to this chapter.
B.
Split-level house. For the purposes of this chapter, a "split-level
house" shall be deemed:
C.
Minimum Livable Floor Area in Residential Zone Schedule. The minimum
square-foot areas shown below are exclusive of basements or cellars,
attics, heating rooms, garages, porches and breezeways.
|
District
|
1-Story
(square feet)
|
1 1/2-Story, First Floor
(square feet)
|
1 1/2-Story, Second Floor
(square feet)
|
2- or 2 1/2-Story First Floor
(square feet)
|
2- or 2 1/2-Story, Second Floor
(square feet)
|
|---|---|---|---|---|---|
|
RA-1
|
1,712
|
1,306
|
483
|
1,062
|
690
|
|
RA-2
|
1,567
|
1,188
|
444
|
966
|
642
|
|
RA-3
|
1,417
|
1,070
|
395
|
870
|
595
|
[Amended 11-29-1989 by Ord. No. 89-Code-180]
A.
Erection permit required. It shall be unlawful for any person to use, erect, alter or relocate, within the Borough of Oakland, any sign or other advertising structure without first obtaining an erection permit from the Zoning Enforcement Official and making the payment of the fee required by Subsection D hereof. Upon termination of any nonidentical business use, all signs shall be removed or reconstructed to comply with this chapter prior to the issuance of a certificate of occupancy. No permit shall be issued to erect an exterior sign on property containing a nonconforming sign until such time as the nonconforming sign has been removed.
B.
Application to be filed with the Zoning Enforcement Official. It
shall be the duty of the Zoning Enforcement Official, upon the filing
of an application for an erection permit, to examine such plans and
specifications and other data and the premises upon which it is proposed
to erect the sign or other advertising structure, and if it shall
appear that the proposed sign or advertising structure is in compliance
with the requirements of this chapter and all other ordinances of
the Borough of Oakland, he shall then issue the erection permit. If
the work authorized under an erection permit has not been completed
within six months from the date of its issuance, said permit shall
become null and void.
C.
Application forms are to be provided by the Zoning Enforcement Official.
Application for erection permits for signs shall be made upon forms
as provided by the Zoning Enforcement Official.
D.
Fees. Every applicant, before being granted a sign permit, shall
pay to the Zoning Enforcement Official the following fees per sign:
(3)
For a sign permitted in an industrial, industrial office, industrial park or corporate office zone under Subsection I: $75.
E.
Permits and licenses may be revoked. All rights and privileges required
under the provisions of this section are mere licenses, revocable
at any time for cause by the Mayor and Council. If the Zoning Enforcement
Official shall find that any sign or other advertising structure regulated
herein is unsafe or insecure, is a menace to the people or has been
constructed or erected or is being maintained in violation of this
chapter, he shall give written notice to the permittee thereof. If
the permittee fails to remove, repair or alter said sign or other
advertising structure so as to comply with the standards herein set
forth within 10 days after such notice, such sign or other advertising
structure may be removed or altered to comply by the Zoning Enforcement
Official at the expense of the permittee or owner of the property
upon which it is located. The Zoning Enforcement Official may cause
any sign or other advertising structure which is in immediate peril
to persons or property to be removed summarily without notice, and
at the sole expense of the permittee or owner of the premises.
F.
Owner to maintain sign and surrounding premises. All signs and the
premises surrounding the same shall be maintained by the owner thereon
in a clean, sanitary and inoffensive condition and free and clear
of all obnoxious substances, rubbish and weeds. The Zoning Enforcement
Official will notify the owner, in writing, of any violation of this
paragraph. If after 10 days from the date of the written notice, the
violation has not been corrected, the Zoning Enforcement Official
will remove the sign and have the area cleaned at the sole expense
of the owner of the premises.
G.
Signs in residential zones. In a residential zone, no sign shall
be used, placed, located or erected except:
(1)
A sign not exceeding three square feet in area as an accessory use
to be designed as a nameplate. Such nameplate may be lettered on both
sides and may state the occupant's name, and home occupation or professional
use.
H.
Signs in business zones. In a business zone, no signs or advertising
devices shall be used, placed, located or erected, except signs referring
to premises upon which they are displayed or to the services rendered
therefrom, subject to the following conditions:
(1)
The first floor occupants, with separate exterior entrances for their
individual businesses, may erect a sign or signs referring to or advertising
the premises upon which is it located or displayed, or to the identity
of the occupant(s) thereof, or to a service(s) rendered thereon or
therein, or to a product or item available therein, or to a permitted
trade, business or profession carried on thereon or therein. One such
sign may be erected on any entrance wall and shall be erected parallel
to the face of such wall, not extending more than 12 inches therefrom,
the bottom of which shall be at least seven feet above the level of
the sidewalk, and shall be rigidly and securely attached thereto.
The area of maximum height of such sign shall not exceed two square
feet for each foot of wall width, the maximum height of such sign
shall not exceed two feet and the maximum width shall not exceed 90%
of the width of the store front or wall of that portion of the premises
occupied by the occupant(s) erecting the sign and upon which is attached.
In determining maximum width, the maximum width of the store front
or main entrance wall of the premises, or the width of the wall upon
which any such sign shall be erected, whichever is less, shall govern.
The top of such sign may not extend above the roof line of the building.
(2)
With respect to premises, the use of which involves no structure,
or on which the structure is set back at least 90 feet from the front
curb line, a freestanding sign of an area not in excess of 30 square
feet on each side and 60 square feet in aggregate area, if both sides
shall have signs thereon, may be erected for the purpose of identifying
the location and address provided; that the top of such sign shall
not be more than 15 feet above the level of the ground and shall be
located at least 15 feet back of the property line. It shall have
no more than two faces and no dimension, either length or height,
shall exceed the other by 50%.
(3)
In addition to any sign or signs permitted under Subsections H(1) and H(2) of this section, a sign or signs limited to those purposes set forth in Subsection H(1) and to show or evidence membership in a retail or professional organization or credit card or credit association or plan, to show manufacturers' or legally required licenses, attached to or painted on a store window or windows on the exterior or interior of any structure, the total area of such sign or signs not to exceed 30% of the window space. The aggregate window space utilized for signage of all sorts is limited to 30%. There shall be no signs in windows on the second and above floors.
(4)
Where the business structure includes business occupants on a second
floor and above, the tenants of said building may use a common directory
sign, not exceeding eight square feet, which sign may be two sided,
with eight square feet on each side, and with no more than two square
feet for the use of any one tenant. Such directory sign may be either
attached to the building or directory sign shall be erected in a manner
as not to impede or obstruct the vision of motorists or pedestrians.
(5)
In any structure in a business zone which does not contain a store, and is constructed in the manner of an office building, having suites on it's first floor with or without separate exterior entrances, the business occupants of any suite therein shall be limited to a common directory signs, pursuant to regulations established in Subsection H(4) of this section.
(6)
Window signs shall not be permitted in office buildings.
I.
Signs in industrial, industrial office, professional office, industrial
parks or corporate office zones.
[Amended 6-19-1991 by Ord. No. 91-Code-229]
|
In industrial, industrial office, professional office, industrial
parks, or corporate office zone, no signs or advertising devices shall
be used, placed, located or erected outside of or attached to the
exterior of any building, except signs having not more than two faces
referring to the premises upon which they are displayed or to the
service rendered therefrom, subject to the following conditions:
|
(1)
No permitted sign shall have a height more than five feet above the
level of the ground and shall be set back at least 30 feet from the
property line.
(2)
No permitted sign shall have an aggregate sign area exceeding 30
square feet on each side. It shall have no more than two faces and
no dimension, either length or height, shall exceed the other by 50%.
J.
Signs in shopping centers. In a shopping center, no signs or advertising devices shall be used, placed, located or erected, except as permitted in Subsection H.
K.
Signs for nursing homes. In connection with nursing homes, no signs
or advertising devices shall be used, placed, located or erected,
except the following: One sign only, measuring no larger than six
square feet, shall be permitted and shall not be illuminated after
9:00 p.m., prevailing time. Said sign shall be set back no less than
20 feet from the front property line.
L.
Service station signs. In connection with a service station, no sign
or advertising devices shall be used, placed, or erected outside or
attached to the exterior of any building except signs referring to
the premises upon which they are displayed or to the services rendered
therefrom, subject to the following conditions.
(1)
No sign or advertising device shall be used, placed, located or erected, except as permitted in Subsection H.
(2)
Advertising signs are prohibited.
(3)
A ground sign shall not exceed 30 square feet in area per face, exclusive
of any clear open space between the ground and the bottom of the sign.
The sign shall have no more than two faces.
(4)
The following signs, customary and necessary to the operation of
filling and service stations are permitted: Lettering on buildings
displayed over individual entrance doors consisting of the words "washing",
"lubrication", "repairing", or similar words; provided that there
shall be not more than one such sign over each entrance, and that
the letters shall not exceed 10 inches in height. Lettering or other
insignia, which are a structural part of the gasoline pump, consisting
only of a brand name, lead warning sign and other signs as required
by law. A credit card sign not exceeding two square feet in area,
affixed to the building or permanent sign structure of the sign next
referred to; a sign attached to each gas pump, with the price of the
product as required by law.
M.
Temporary signs. No temporary sign may be erected for a period to exceed 90 days except after a permit is obtained as required by Subsection A. Such a sign may be erected only for specific purposes relating to the property or the immediate area on which, or near which, such sign shall be placed for a limited period of time.
(1)
Temporary signs for elective office shall not be erected prior to
one month of the date of any national, state, or local election. All
such signs shall be removed no later than three days after the date
of the election to which they pertain.
(2)
Temporary signs, necessary in connection with the erection of buildings
or other construction work shall be limited to one sign for each construction
project. Such a sign may be freestanding or attached to the premises
but shall not exceed nine square feet in area and shall be removed
upon the issuance of a certificate of occupancy for any part or parts
of the construction project.
(3)
Real estate signs which are signs customary and necessary in the
offering of real estate for sale or let by the owner thereof and by
his real estate agent and/or broker are permitted to be erected in
the borough provided that the following requirements are complied
with:
(a)
In nonresidential zones the total square footage of all signs
shall not exceed 16 square feet in an area and set back 25 feet from
the property line;
(b)
In residential zones one sign not to exceed four square feet
in area on any one side, nor 36 inches in either height or length
may be erected along any street frontage, parking lot or railroad
track, abutting the subject's premises; such a sign may be two sided;
(c)
All signs shall be non-illuminated. Said signs may be freestanding
or attached to the premises.
Permitted real estate signs shall be removed within seven days
of the day that a contract of sale or lease of the premises has been
executed by both parties to the document, and a sold sticker may be
displayed during this time prior to removal.
Signs permitted hereby shall pertain only to the sale or lease
of the lot or premises upon which the sign is placed.
In the event the owner, broker or real estate agent conducts
an open house at the premises, an addition to the sign stating "Open
House", may be added to the on premises sign, on condition that said
addition does not exceed 10 inches in height or 36 inches in length
and is posted for a period not to exceed five days in total during
the period of the sign permit.
N.
General prohibitions.
(1)
No signs or advertising devices shall be used, placed, located, or erected except as specifically permitted by this section. Off-premises signs shall conform to the conditions set forth in § 59-65.1 and be limited to the Industrial-1 Zone only.
[Amended 8-22-2018 by Ord. No. 18-Code-772]
(2)
No pennants or buntings shall be used, placed, located, or erected unless permission is given for the use thereof under Subsection M, Temporary Signs, hereof.
(3)
No signs shall be erected or painted or composed of fluorescent or
phosphorescent or similar material.
(4)
No sign shall be in whole or part moving, mobile, or revolving, except
for signs commonly known as "barber poles" ordinarily and customarily
used in connection with barber shops.
(5)
No signs causing radio or television interference shall be permitted.
(6)
No paste-up signs are to be permitted on the exterior of buildings,
where paste-up signs are affixed to the interior of windows, such
signs shall be limited to 30% of the window space. The aggregate window
space utilized for signage of all sorts is limited to 30%.
(7)
No billboard or sign shall be erected upon any roof of any building or structure, excepting an advertising structure. Required conditions all off-premises signs must comply with are codified in § 59-65.1.
[Amended 8-22-2018 by Ord. No. 18-Code-772]
(8)
No sign of the suspension type shall hang over any sidewalk area.
(9)
No sign shall be erected except on the premises of use or activity to which such sign refers or which it identifies or advertises, i.e., no off-premises signs, except this prohibition shall not apply to off-premises signs located in the Industrial-1 Zone and conforming to all the requirements contained within § 59-65.1.
[Amended 8-22-2018 by Ord. No. 18-Code-772]
(10)
No sign advertising the products or anything other than the actual business of the person using the premises shall be permitted on the exterior of any building, except this prohibition shall not extend to off-premises signs conforming to § 59-65.1 and located in the Industrial-1 Zone.
[Amended 8-22-2018 by Ord. No. 18-Code-772]
(11)
No vehicle or mobile sign shall be permitted or used to circumvent
the provisions of this Article.
(12)
Except for an off-premises sign in the Industrial-1 Zone and conforming to each of the conditions set forth in § 59-65.1, no permitted sign shall have a height of more than 15 feet and shall be set back at least 15 feet from the property line.
[Amended 8-22-2018 by Ord. No. 18-Code-772]
(13)
Except for an off-premises sign in the Industrial-1 Zone conforming to the conditions established pursuant to § 59-65.1, no billboard or billboard signs, freestanding or attached to buildings, shall be permitted. No sign otherwise lawful under this section shall be prohibited because of this paragraph.
[Amended 8-22-2018 by Ord. No. 18-Code-772]
O.
Exempted Signs. The provisions and regulations of this section shall not apply to the following signs; provided, that such signs shall remain subject to the provisions of Subsections E and F herein.
[Amended 11-23-2010 by Ord. No. 10-Code-632]
(1)
A professional name plate affixed to the door or adjacent wall of
premises so used, not to exceed eight inches by 20 inches per professional
occupant.
(2)
A memorial sign or tablet, or a sign indicating the name of a building,
or a date of its erection, when cut into any masonry surface or when
constructed of bronze or other incombustible material.
(3)
Signs for public convenience and welfare erected by or on behalf
of the United States, the state, the county and the borough, traffic
controls in private ways and parking lots, legal notices, railroad
crossing signs or other signs as required by law.
(4)
Temporary signs advertising specific events for public and charitable
purposes by an Oakland non-profit entity shall be permitted only at
Bush Plaza in a size not to exceed 32 square feet as may be approved
by the Mayor and Council for a period of time not to exceed 30 days.
[Amended 11-23-2021 by Ord. No. 21-Code-862]
P.
Lighting and illumination.
[Amended 9-19-2012 by Ord. No. 12-Code-664]
(1)
Signs may be internally illuminated, externally illuminated or unilluminated.
(2)
No person may erect a sign with exposed electrical wires.
(3)
Strings of bulbs are not permitted, except as part of a holiday celebration.
In addition, flashing, blinking, revolving or rotating lights are
not permitted.
(4)
Strings of bulbs may be permitted as part of the site plan review
process to decorate trees at the discretion of the Planning Board.
(5)
No person may erect a sign which flashes, rotates, or has motorized
moving parts or which features reflective strips of material that
flutter with the wind and create the illusion of movement. Nothing
herein shall prohibit the installation of barber poles in association
with a barber shop or beauty parlor.
(6)
No sign shall include neon lighting in its design.
(7)
Except for off-premises signs conforming to § 59-65.1 located in the Industrial-1 District, internally illuminated signs must be visible only through lettering or other related graphic symbols. The background or field area of the sign must remain opaque and constitute no less than 60% of the area of the sign.
[Amended 8-22-2018 by Ord. No. 18-Code-772]
(8)
Persons seeking to install internally illuminated signs shall provide
a certification from the sign manufacturer that the sign's lighting
system will not produce more than 150 nits between dusk and dawn.
In addition, persons seeking to install internally illuminated signs
shall provide a signed and sealed lighting plan showing computer generated
composite lighting contours and a point by point analysis of the proposed
light. Light levels at property lines shall be less than 0.1 footcandle.
(9)
Notwithstanding any other clause in this section, service stations
are permitted to have signs with unshielded sources of illumination
to communicate pricing information only. Such unshielded light sources
shall not exceed 350 nits of luminance between dusk and dawn. The
station operator or his representative shall provide a certification
from the sign manufacturer attesting to conformance with this standard.
In addition, a signed and sealed lighting plan indicating that light
levels at property lines do not exceed 0.1 footcandle shall be provided.
(10)
Externally illuminated signs shall have their light sources
fully shielded and directed in such a manner as to avoid shining onto
adjoining property or into the eyes of passing pedestrians or motorists.
(11)
No exterior business sign of any type which is permitted under Subsection G Signs in Residential Zones, hereof, shall be directly illuminated between 12:00 p.m. and 6:00 a.m., prevailing time, except for signs of doctors of medicine, dentistry, and chiropractors.
(12)
Except for off-premises signs conforming to § 59-65.1 located in the Industrial-1 District, spectacular signs are prohibited, except that a sign located upon premises having frontage on a freeway may have moving or intermittent lights that are only used to give date, time and temperature information, or brief weather reports.
[Amended 8-22-2018 by Ord. No. 18-Code-772]
Q.
Sign variances. Any person who has been denied a sign erection permit
by the Zoning Enforcement Official for any reason may apply for a
sign variance to the Board of Adjustment of the Borough.
[Amended 8-22-2018 by Ord. No. 18-Code-772]
R.
Existing nonconforming signs. Any sign existing on the effective
date adopting this section which does not conform with any provision
thereof, shall be deemed a nonconforming use and may be continued,
maintained and repaired upon its present premises; provided, that
such sign was lawful under any prior ordinance. Any sign unlawful
under any prior ordinance shall remain unlawful unless it complies
with the provisions of this chapter and therefore is issued by the
Zoning Enforcement Official a sign erection permit. A sign which is
nonconforming shall not be reconstructed, enlarged, or extended.
S.
Signs in Downtown-I Zone. Regulations regarding signs in the Downtown-I
Zone shall be as follows:
[Added 9-19-2012 by Ord.
No. 12-Code-672; amended 8-16-2023 by Ord. No. 23-Code-925]
(1)
Wall signs shall be limited to a maximum of 8% of the wall area at
street level for the store that it is advertising but shall not exceed
30 square feet in area.
(2)
Lots fronting on two or more streets are permitted signage along
each street frontage, but the signage cannot be accumulated and used
only on one street frontage.
(3)
Wall signs may not be located higher than the bottom of the windows
of the second level of a multistory building.
(4)
Multitenant buildings shall have signs with uniform area and height
dimensions.
(5)
Each sign is permitted to include a main title which identifies the
name of the store and one subtitle which is a description of the business.
(6)
The subtitle of the sign may not include a telephone number and must
be a smaller font size than the main title.
(7)
Signs may not be printed in more than two font styles and different
font styles on one sign must complement each other.
(8)
Hanging signs must have the bottom of the sign no less than seven
feet above the adjacent sidewalk and may not have an area more than
four square feet.
(9)
The wall sign for an establishment with a hanging sign may not be
greater than 5% of the total wall area at street level for the store.
(10)
Second-floor occupancy of professional or office space shall
be permitted one announcement sign per occupancy of not more than
two square feet at the main entrance to the building. One nameplate
or professional sign with an area of not more than two square feet
may be mounted flat against the door of each secondary entrance. Such
signs may be exterior illuminated. Building name and address announcements
are exempt from these limitations. Signs in second floor office windows
shall not exceed 25% of the glass area of the window.
(11)
A common sign may be erected in a parking lot with facilities
for more than 40 cars which service a group of attached stores or
a professional building. None of the components announcements shall
be larger than any of the others and the total area of the signs shall
not exceed 30 square feet. The common sign may be erected as a freestanding
sign within the parking lot, provided that it is erected no closer
than 10 feet to any property line.
(12)
Large-scale shopping centers containing over 60,000 feet of
retail space in addition to the signs permitted by the above regulations
may install one freestanding sign along but no closer than 12 feet
to each arterial roadway it has frontage along. Said sign shall not
have more than two faces. Neither sign face shall exceed 30 feet in
area. The top of said sign shall not exceed 15 feet above grade. A
landscaping component shall be planted and maintained in association
with the sign.
(13)
The following sign provisions shall govern all signage associated
with gasoline and service stations:
(a)
One freestanding sign bearing the brand, trade name and/or trademark
with unit prices of the station, not exceeding 30 square feet on each
side shall be permitted. The bottom of the sign shall not be less
than eight feet from the average grade elevation below the sign, nor
shall any part of the sign be more than 15 feet above ground level.
(b)
No sign shall be permitted on or above a canopy over the fuel
dispensers.
(c)
Signs are permitted attached to fuel pumps indicating the unit
price per gallon of fuel. Such signs shall not exceed one square foot
in area per sign per individual pump.
(d)
No signage may be illuminated after business hours.
(e)
Lettering or other insignia which are a structural part of the
gasoline pumps, as manufactured, shall be permitted.
(f)
Signs required by law and credit card signs may be placed on
or near the gasoline dispensing islands, not to exceed a maximum two
square feet per sign per island.
T.
Signs in Downtown-II Zone. Regulations regarding signs in the Downtown-II
Zone shall be as follows:
[Added 9-19-2012 by Ord.
No. 12-Code-673; amended 8-16-2023 by Ord. No. 23-Code-926]
(1)
Wall signs shall be limited to a maximum of 8% of the wall area at
street level for the store that it is advertising but shall not exceed
30 square feet of signage.
(2)
Lots fronting on two or more streets are permitted signage along
each street frontage, but the signage cannot be accumulated and used
only on one street frontage.
(3)
Wall signs may not be located higher than the bottom of the windows
of the second level of a multistory building.
(4)
Multitenant buildings shall have signs with uniform area and height
dimensions.
(5)
Each sign is permitted to include a main title which identifies the
name of the store and one subtitle which is a description of the business.
(6)
The subtitle of the sign may not include a telephone number and must
be a smaller font size than the main title.
(7)
Signs may not be printed in more than two font styles and different
font styles on one sign must complement each other.
(8)
Hanging signs must have the bottom of the sign no less than seven
feet above the adjacent sidewalk and may not have an area more than
four square feet.
(9)
The wall sign for an establishment with a hanging sign may not be
greater than 5% of the total wall area at street level for the store.
(10)
Second-floor occupancy of professional or office space shall
be permitted one announcement sign per occupancy of not more than
two square feet at the main entrance to the building. One nameplate
or professional sign with an area of not more than two square feet
may be mounted flat against the door of each secondary entrance. Such
signs may be exterior illuminated. Building name and address announcements
are exempt from these limitations. Signs in second-floor office windows
shall not exceed 25% of the glass area of the window.
A.
Nonconforming uses and conditions. Any nonconforming use or structure
existing at the time of the passage of this chapter may be continued
upon the lot or in the building so occupied, but nothing in this chapter
shall validate or authorize any nonconforming use or structure which
exists in violation of a previous zoning ordinance unless such use
or structure is specifically permitted and authorized by this chapter.
B.
Buildings under construction. If at the time of the enactment of
this chapter any building is being constructed or altered under a
proper building permit and such work is completed within 12 months
from the date of issuance thereof or for a purpose which does not
conform with the requirements of this chapter, but which is not prohibited
by any other existing ordinance of the borough, such use or purpose
may be continued; nor shall any change of title or of right to the
possession affect such continuation of an existing use.
C.
Extensions, enlargements or changes.
(1)
Any nonconforming building, structure or use may be changed to conform
to this chapter, but shall not be changed back to a nonconforming
status.
(2)
No existing building or premises devoted to a nonconforming use as
permitted by this section shall be enlarged, extended, reconstructed
or structurally altered unless such use is changed to a use permitted
in the district in which such building or premises is located; and
no nonconforming use shall be changed to another or different nonconforming
use.
(3)
Notwithstanding the above, a one- or two-family dwelling and its
accessory uses existing in a residential district may be expanded
or enlarged, provided that such expansion or enlargement complies
with all zoning ordinance requirements for a one- or two-family dwelling
and accessory uses in the residential zoning districts.
D.
Discontinuance or abandonment.
(1)
No nonconforming use or structure which shall have been discontinued
or abandoned for a period exceeding 12 months shall be resumed; provided,
however, that no such use or structure shall be resumed if the premises
upon which such use or structure existed is devoted to a conforming
use after the discontinuance or abandonment of the nonconforming use.
(2)
A nonconforming use shall be considered abandoned if it is terminated
by the owner; if a nonconforming use involving a building or structure
is discontinued for a period of 12 consecutive months; or if a nonconforming
use of land not involving a building or structure is discontinued
for a period of six months. The subsequent use of the abandoned building,
structure and/or land shall be in conformity with this chapter.
E.
Partial destruction, restoration or repair.
(1)
Any nonconforming use or structure existing on the effective date
of this chapter may be restored or repaired in the event of partial
destruction thereof, provided that the cost of such restoration and
repair in compliance with all the existing construction codes of the
Borough of Oakland does not exceed 50% of the market value of the
structure, less foundation systems, at the time of the partial destruction.
(2)
If the value of repairing the condition is greater than 50% of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to the original specifications only upon approval of a use variance as provided under Article V of this chapter and as further provided by state statute.
(3)
In the event of a partial destruction of a structure devoted to a
nonconforming use, the owner or occupant shall, within 90 days after
such event, give notice in writing to the Zoning Enforcement Official
of his intention to restore or repair the structure and, within 90
days after date of notice, commence and diligently proceed to the
completion of the work. In such event, the nonconforming structure
or use may be rebuilt and used for the same purpose as before, provided
that it does not exceed the height, area and volume of the original
structure.
(4)
The percent damaged shall be the current replacement cost of the
portion damaged and condemned, computed as a percentage of the current
total replacement cost of the entire structure, neither to include
the cost of the foundation.
F.
Repairs, maintenance and modernization.
(1)
Repairs and maintenance may be made to a nonconforming use, structure
or lot, provided that the repair and maintenance work do not change
the use, expand the building or the functional use of the building,
increase the area of a lot used for a nonconforming purpose or increase
the nonconformity in any manner.
(2)
Nothing contained in this section shall prohibit the modernization
of existing nonconforming structures; provided, however, that such
modernization does not entail any extension, enlargement, addition
or change of the nonconforming use.
G.
Sale. Any nonconforming use, structure or lot may be sold and continue
to function in the same nonconforming manner.
H.
Nonconforming lots and structures. Any structure on a nonconforming
lot or a structure on a conforming lot which violates any yard requirements
may have additions to the principal building and/or construct an accessory
building without an appeal to the Board of Adjustment, provided that
the total permitted building coverage is not exceeded and the accessory
building and/or the addition to the principal building do/does not
violate any other requirements of this chapter.
I.
Change in zone boundaries. Whenever the boundaries of a zone shall
be changed so as to transfer an area from one zone to another zone
of a different classification, the foregoing provisions shall also
apply to any nonconforming use existing therein or created by such
change.
[Amended 11-1-1989 by Ord. No. 89-Code-171]
A.
Within the RA-1, RA-2 and RA-3 Residential Zones, the following are
designated as conditional uses and as principal uses in all other
zones:
(1)
Churches and similar places of worship, including accessory buildings
incidental thereto.
(2)
A public or parochial, elementary, junior high or high school offering
courses in general instruction or having a curriculum approximately
the same as ordinarily given in public schools.
(3)
(Reserved)
[Repealed 10-21-1998 by Ord. No. 98-Code-356]
(4)
Libraries museums, art galleries, municipal parks, municipal playgrounds
and municipal beaches.
(5)
(Reserved)
[Repealed 10-21-1998 by Ord. No. 98-Code-356]
(6)
A nonprofit lodge or fraternal organization in the B-1 Zone only,
provided that the same conforms to all other provisions concerning
the use of said structures as set forth in this chapter and other
governmental codes and ordinances, i.e., parking, noises and signs.
B.
Special requirements for conditional uses.
(1)
Issuance of zoning permits for conditional uses.
(a)
No zoning permit shall be issued for the erection or expansion
of any conditional use until the plans and use therefor have been
approved by the Planning Board. The Planning Board of the Borough
of Oakland, pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq., and the Land Use and Zoning Ordinance of the Borough of Oakland,
as amended and supplemented, shall grant or deny an application for
a conditional use in accordance with the procedures established therein
and upon compliance with the requirements as hereinafter set forth.
(b)
The review by the Planning Board of a conditional use shall
include site plan review pursuant to the Subdivision and Site Plan
Review Article of this chapter, as amended and supplemented, and shall
take the form of a full site plan review. In its review the Planning
Board shall consider:
[1]
The suitability of such use of the proposed site in relation
to its surroundings.
[2]
The conformity of the proposal to the requirements herein contained.
[3]
The recommendation of the Fire Prevention Bureau, Environmental
Commission, the Shade Tree Commission and such other agencies as may
be specified by the Planning Board.
(c)
The Planning Board shall grant or deny an application for a
conditional use within 95 days of submission of a complete application
by a developer to the Planning Board or within such further time as
consented to by the applicant. This time period on conditional uses
shall also apply to site plan review in such cases.
(2)
Controlling requirements. The following requirements are hereby established
controlling conditional uses, and conditional uses may be permitted
in residential zones provided that all the requirements of this section
are met as follows:
(a)
Access. The principal access of a proposed conditional use shall
be from an arterial or collector street as defined in the Master Plan
of the Borough of Oakland.
(b)
Location. The lot upon which a proposed conditional use is to
be located must be a minimum distance of 1,000 feet from any of the
lots upon which there is located a hospital, sanitorium, nursing home,
church or other similar place of worship, including accessory buildings
incidental thereto, public or private college or university, library,
public school or private school having a curriculum approximately
the same as ordinarily given in public schools or other similar places
of public assembly; provided, however, that if the lots from on different
streets, the minimum distance of 1,000 feet between lots shall be
measured by the shortest route along the public streets upon which
each lot fronts.
(c)
Design. The proposed conditional use shall be designed in accordance
with the standards and principals set forth in the Subdivision and
Site Plan Review Article of this chapter.
(d)
Landscaping; open space; design standards; improvements; and
miscellaneous requirements. The proposed conditional uses shall meet
all the requirements for landscaping, open space, design standards,
improvements and all other requirements of this chapter of the Code
of the Borough of Oakland.
(e)
Off-street parking.
[1]
As to auditoriums, other places of public or semipublic assembly and club uses, see § 59-61F(4).
[3]
As to nursing homes, off-street parking shall be provided in
a minimum of one space for every two beds. Additional spaces as may
be determined necessary by experience of operation for a period of
three years may be required by the Planning Board within such period.
Security to insure performance of the construction of such additional
parking spaces shall be provided in the form deemed sufficient by
the Planning Board.
(3)
Special dimensional requirements for conditional uses. In addition to the general requirements enumerated in Subsection B(2), the following special dimensional requirements for conditional uses shall be established:
(b)
Public schools and private schools:
[1]
Minimum lot area:
[a]
Primary schools: 10 acres, plus an additional acre
for each 100 pupils of predicted ultimate maximum enrollment.
[b]
Junior high schools: 20 acres, plus an additional
acre for each 100 pupils of predicted ultimate maximum enrollment.
[c]
High schools: 30 acres, plus an additional acre
for each 100 pupils of predicted ultimate maximum enrollment.
[3]
Maximum building coverage of lot: 20%.
(c)
Public or private colleges and universities:
(d)
Hospital, sanitoriums and nursing homes:
(e)
In addition to Subsection B(3)(d) above, the following additional requirements shall apply to all hospitals, sanitoriums and nursing homes:
[1]
Area and bulk:
[a]
Minimum lot width: 450 feet at the setback line.
[b]
Minimum lot depth: 450 feet.
[c]
Maximum building height: two stories, but not more
than 35 feet, to be computed at the grade level of the building line.
[d]
Roofs. No flat roofs shall be permitted. Mansard
roofs shall not be considered a flat roof.
[2]
Screening and landscaping. The lots shall be in harmony with
the character of the borough. All service areas, off-street parking
areas and open terraces and walls used by the patients shall be screened
from view beyond the lot lines. The lot shall be so landscaped as
to provide a natural buffer strip with a width of not less than 50
feet around the periphery of the site and all areas where the same
is adjacent to the residential property. If possible, all the natural
life shall be left in its original condition within said buffer strip.
In the event that said natural plant life within said strip is insufficient
to create sufficient screening or because of its removal due to the
necessity of grading or any other reason as shall be permitted on
the application, such strip shall be landscaped with plants, trees,
shrubs and grass as required by the Planning Board. Such strip shall
remain unobstructed, except that the same may be traversed by access
roads, except for the front portion of the site.
[3]
Building.
[a]
The building plans shall, in all respects, comply
with the standards set forth in the United States Department of Health
and Human Services, Public Health Service Publication No. 930-A-7,
Revision of February 1969, as the same pertains to facilities for
nursing homes; and the Oakland Building Code; and the current edition
of the State Uniform Construction Code and the State Uniform Fire
Prevention Code.
[b]
In addition to the standards set forth in Subsection
B(3)(e)[3][a] above, the building plans shall not be approved or a
certificate of occupancy issued until such plans shall first be approved
by the New Jersey Department of Institutions and Agencies and/or such
other board or agency of the State of New Jersey that the State of
New Jersey may require in order to receive its approval for the construction
and operation of nursing homes.
[c]
The building shall be so designed so as to provide
an auxiliary source of electric power which shall be designed to provide
power during any power failures.
[d]
Each bedroom for patients shall have a minimum
floor area of 120 square feet for each patient, exclusive of closets.
[4]
Whenever there shall be a conflict in any of these standards
as they relate to nursing homes, the strictest standard shall apply.
[5]
Operation. The operation of a nursing home shall be conducted
at all times in keeping with the residential character of the Borough
of Oakland. No visiting hours for patients shall be permitted before
9:00 a.m. or after 8:00 p.m., prevailing time. Patients shall only
be admitted to or discharged from the nursing home between the hours
of 9:00 a.m. and 8:00 p.m., prevailing time, except in cases of extreme
emergency.
[Added 8-22-2018 by Ord.
No. 18-Code-772]
A.
Within the Industrial-1 Zone, the following are designated as conditional
uses:
(1)
Off-premises signs.
B.
Conditional uses in the Industrial-1 Zone shall comply with each
of the specifications and standards set forth herein:
(1)
Maximum number of off-premises signs on any property shall be
one.
(2)
Every lot which an off-premises sign is to be installed upon
must border on an interstate highway right-of-way. In addition, the
closest portion of such sign shall have a maximum setback from the
highway right-of-way not to exceed 10 feet.
(3)
Off-premises signs shall be constructed so that the sign message(s)
shall be oriented only toward an interstate highway.
(4)
V-type construction is an allowable design specification for
off-premises signs in order to enable said sign to be viewed from
both travel directions of said interstate highway.
(5)
No off-premises sign shall be located within 500 feet of an
interchange, intersection at grade, or safety rest area measured along
the pavement edge of the highway nearest those points.
(6)
The minimum spacing between off-premises signs shall be measured
along the nearest edge of the pavement between points directly opposite
the edge of the sign face nearest the pavement edge and shall be a
minimum of 3,000 feet.
(7)
Off-premises signs shall not exceed 672 square feet in size.
The dimensions of said sign shall not exceed 14 feet in a vertical
dimension and 48 feet in a horizontal dimension. Cutouts and/or extensions
are to be included in calculation of sign area.
(8)
The maximum height as measured between the interstate highway
pavement crown and the top of the advertising structure, including
extensions, if any, shall not exceed 70 feet.
(9)
Illumination of off-premises signs shall not be regulated pursuant to § 59-63P(8), (9) or (10). Multiple message signs shall not operate at brightness levels of more than 0.3 footcandle above ambient light, as measured 250 feet from the source using a footcandle meter. Off-premises signs shall be designed, constructed and operated such that sign illumination does not impair the safe operation of a motor vehicle or causes glare.
(10)
Multiple message signs shall contain a default design that will
freeze a sign's display in one static position (e.g., one "picture")
if a malfunction occurs. The change from one display to another display
shall be completely accomplished within one second or less and the
entire display shall change at the same time. Each display shall remain
fixed for an interval of at least eight seconds.
(11)
Multiple message signs shall not display any image that is flashing,
animated, moves or appears to move. No multiple message shall be illuminated
by intermittent or moving light.
(12)
Applicants seeking approval for an off-premises sign shall secure
and maintain appropriate permits from the New Jersey Department of
Transportation pursuant to N.J.A.C., Title 16, Transportation, Chapter
41C, Roadside Sign Control and Outdoor Advertising, regulations.
(13)
Multiple message signs are permitted, and if proposed, shall
comply with the requirements contained within N.J.A.C. 16:41C-11,
Multiple message signs, unless these regulations impose a greater
requirement upon an applicant.
(14)
Applicants seeking approval for an off-premises sign shall secure
either an exemption or approval from the New Jersey Highlands Council.
(15)
Regulation of service club and religious signs as defined by
N.J.A.C. 16:41C shall be superseded by the provisions of N.J.A.C.
16:41C-8.3 and not this section.
A.
Permit issuance. No zoning permit shall be issued for a shopping
center or expansion of any such shopping center until the plans and
maps therefor shall have been approved by the Planning Board. In its
review, which will take the form of a full site plan review, the Planning
Board shall consider the effect of the proposed shopping center on:
(1)
Traffic movement on streets leading toward the shopping center and,
in particular, the relation of increased volume to street capacity;
the safety aspects of vehicular turning movements between said streets
and the shopping center; the possible need for traffic control either
by policemen, signals or other means; and the adequacy of on-site
parking and loading.
(2)
Surrounding land uses and, in particular, the effect of proposed
lighting, signs, noises, including the parking of vehicles, odors
and fumes upon residential zones.
(3)
Whether the general welfare, health, safety and morals of the borough
will be adversely affected.
B.
Controlling requirements. The following requirements are hereby established
for control of shopping centers:
(1)
Uses permitted. In any shopping center the following uses only shall
be permitted:
(a)
All uses permitted in the B-2 Districts with the exception that
there shall not be permitted at any one time both a business structure
and a dwelling structure on the same lot, nor shall any residential
use be combined with a business use in the same building or structure.
(b)
Signs as permitted and regulated under § 59-65J hereof.
(2)
(3)
Parking and loading.
(b)
In addition there shall be provided loading space of sufficient
area that no vehicle of any kind when using such loading space shall
project into:
[1]
Any private right-of-way giving access to other such loading
spaces or to required parking spaces; or into any public right-of-way.
[2]
One loading space shall be provided for each establishment within
the shopping center, and one additional space shall be provided for
each 10,000 square feet of floor area or major fraction thereof for
any establishment therein having a floor area of more than 10,000
square feet.
(c)
No off-street parking or loading spaces or access thereto shall
be located within 15 feet of a street line. Entrance or exit drives
connecting such areas and the street shall be permitted across the
fifteen-foot strip herein required.
(d)
Access drives to off-street parking or loading spaces shall
meet the following requirements:
[1]
They shall not exceed in total aggregate width 20 feet for each
100 feet of street line abutting such lot.
[2]
Such drives shall be at least 60 feet in distance, measured
along the street line, from the point of intersection of two intersecting
streets or from a bend in the street line of one street, where the
change in direction is 30° or greater.
[3]
Such drives shall have on each side a triangular clear space
formed by the intersection of the driveway line, the street line and
a straight line joining said lines at points 30 feet distant from
their intersection. Within such triangular clear space, no parking,
loading or unloading shall be permitted, nor shall there be located
therein any sign, fence or other structure or plantings over 2 1/2
feet in height.
(e)
Parking spaces shall be clearly marked and shall be suitably
paved, drained and maintained.
(f)
There shall be platform areas for passengers and parcel pickup
where needed.
(g)
All trees and shrubs shall be adequately protected from damage
resulting from traffic movement by curbing between parking aisles,
or similar protective measures.
(h)
There shall be designed pedestrian walks and circulation ways
to provide safe, adequate and convenient access between the parking
areas and stores.
(i)
Each building requiring truck loading shall have designated
truck-loading areas, clearly marked and restricted to that purpose
only.
(4)
Screening and landscaping. Shopping centers shall have landscaping and screening so as to make them aesthetically pleasing and to provide screening from adjoining properties and in parking areas in a manner acceptable to the Planning Board determined under its Site Plan review as set forth in Article VI of this chapter.
(5)
There shall be no posters, markings or signs on the exterior of store
windows.
(6)
There shall be no outside storage of trash and refuse, except in
designated, enclosed, pickup areas.
[Added 8-20-1987 by Ord.
No. 86-Code-66]
A.
Purpose. The purpose is to establish an affordable housing zone to
permit the construction of comprehensive, coordinated development
of contiguous tracts of land for multi-family housing at maximum densities
as hereinafter specified, conditioned upon the provision of 20% set
aside for low and moderate income units.
B.
Definitions. For the purpose of interpretation and implementation
of this section, the following words and terms shall have the definitions
provided. All other words and terms in this section shall have the
definitions as provided herein:
(1)
BEDROOM — A room for sleeping. Each townhouse unit shall
have at least one bedroom with a minimum area of 150 square feet and
the other bedroom shall contain a minimum area of 120 square feet.
(2)
COMMON OPEN SPACE — Means an open space area within or
related to a site designated as a development, and designed and intended
for the use or enjoyment of residents and owners of the development.
Common open space may contain such complementary structures and improvements
as are necessary and appropriate for the use or enjoyment of residents
and owners of the development.
(3)
BUILDING COVERAGE — The percentage of the property that
is occupied by a building's footprint or structure, including all
roof areas.
(4)
TOTAL SITE COVERAGE — The percentage of gross development
site area occupied by structures and all uncovered impervious surfaces
such as parking spaces, driveways and walkways.
(5)
ROADWAY — The common circulation facility serving a cluster
of buildings and/or parking areas in the affordable housing zone.
(6)
DRIVEWAY — The area providing direct access to one or
more parking areas or garages linking said parking areas or garages
to a common roadway circulation element.
(7)
PARKING STALL — An accommodation of the off-street parking
of a motor vehicle of not less than 180 square feet per vehicle exclusive
of access drives or aisles and which shall be a minimum of nine feet
in width measured perpendicular to the axis of the length with adequate
provision for ingress and egress, except as provided for handicapped
persons parking spaces which shall measure 12 feet in width and 20
feet in length.
(8)
GROSS DEVELOPMENT SITE AREA — The total gross acreage
of a development within existing streets and/or property lines prior
to development or subdivision, including streets, easements and common
open space portions of the development.
(9)
TOWNHOUSE — A building containing two or more dwelling
units, each dwelling unit separated by plane vertical party walls,
separate and apart, each having direct access to the outside and the
street without use of a common hall, or passageway.
(10)
MINIMUM HABITABLE FLOOR AREA — The finished area of a
dwelling unit that is enclosed by the inside surfaces of walls and
windows in accordance with the standards established in the BOCA building
code requirements of the Borough of Oakland.
(11)
ACTIVE RECREATION AREA — A parcel of land dedicated and
designed for the use and enjoyment of the owners and residents of
the development, provided that the said areas may be improved with
building, structures and facilities incidental to the recreation use.
(12)
MULTIPLE FAMILY DEVELOPMENT — An area with a specified
minimum contiguous acreage to be developed as a single entity according
to a plan containing one or more residential clusters, which may include
appropriate accessory or public or quasi-public uses all primarily
for the benefit of the residential development.
C.
Principal permitted uses. No building or structure shall be erected
and no existing building or structure shall be reconstructed, moved,
altered, added to or enlarged, nor shall any land, building, or structure
be designed, used or intended to be used for any purpose other than
as follows:
D.
Accessory uses. Any use which is subordinate, but related and customarily
incidental to the principal permitted uses.
(1)
Signs as otherwise regulated in the borough ordinances.
(2)
Noncommercial swimming pools, tennis courts and other outdoor
recreational facilities.
(3)
Private garages and off-street parking for private vehicles.
(4)
Indoor and outdoor recreational facilities as required by this
section.
(5)
Public and private utility service facilities including water
supply, sewage treatment, gas, electric, telephone and cable services
and drainage facilities.
E.
F.
Residential unit standards.
(1)
Townhouses:
(a)
Maximum building or structure length: 200 feet.
(b)
Maximum number of units in single structure: 6.5 units.
(c)
Maximum building height: 35 feet.
(d)
Maximum number habitable stories: 2 stories.
(e)
Maximum number of townhouse units before horizontal break: 5
units.
(f)
Minimum break in horizontal alignment: 2 feet.
(h)
Minimum building setbacks from public or private main access
roads: 30 feet.
(i)
Minimum building setbacks from internal driveways: 15 feet.
(2)
Garden apartment dwelling units:
(a)
Maximum building or structure length: 180 feet.
(b)
Maximum number of units in single structure: 24 units.
(c)
Maximum building height: 40 feet.
(d)
Maximum number of habitable stories: 3 stories.
(f)
Minimum building setback from public or private main access
roads: 30 feet.
(g)
Minimum building setbacks: 15 feet.
(3)
Low-rise multi-family dwellings:
(a)
Maximum overall building or structure length: 425 feet.
[1]
No facade shall have a straight run in excess of 225 feet, with
the remainder of the building having an angle turn of not less than
30°.
[2]
Each front and rear building facade up to 200 feet in length
on a straight run shall have a minimum of one four-foot break; each
straight run in excess of 200 feet shall have a minimum of two four-foot
breaks.
(b)
Maximum number of units in a single structure: 80 units.
(c)
Maximum building height: 40 feet.
(d)
Maximum number of habitable stories: 4.
G.
Maximum gross density: 6.5 unit/acre.
H.
Off-street parking requirements per dwelling unit shall be as follows:
(1)
Townhouses -Two parking spaces per dwelling unit. One parking
space must be in the form of a garage.
(2)
Garden Apartments - 1.5 parking spaces per dwelling unit.
(3)
Low-rise multiple family dwellings - 1.75 parking spaces per
dwelling unit.
(4)
Visitor parking - 0.25 parking spaces per dwelling unit.
(5)
There shall be no parking of any vehicle along roadways or main
circulation roads within the development.
I.
J.
Utility improvements and services for the AH Zone.
(1)
Water facilities:
(a)
The site shall be connected to a municipal water system.
(b)
All facilities shall be designed and installed in accordance
with the standards of the applicable governmental bodies having jurisdiction
thereof.
(c)
All water mains shall be a minimum of eight inches in diameter
and shall be designed with fire hydrants to provide adequate fire
protection in accordance with the recommendations of the National
Fire Underwriters Board. The location of the fire hydrants shall be
determined by the Municipal Fire Department.
(d)
The water storage system shall conform to the recommendations
of the National Fire Underwriters Board.
(2)
Sanitary sewerage system:
(a)
The development shall be serviced by a centralized sanitary
sewerage collection and treatment system or an on-site treatment plant,
collection and facilities of which shall be designed in accordance
with the standards of the New Jersey Department of Environmental Protection
and/or appropriate local, county, state and federal officials and
agencies.
(b)
The developer shall provide an organization for the ownership
and maintenance of any and all sewage collection and facilities including
but not necessarily limited to all collectors, appurtenances, pumping
facilities and outfall sewers, not located within municipal streets
or right-of-way. Said organization shall be fully responsible for
compliance with all federal, state and local laws, and regulations;
for securing all pertinent permits, for the operations, function and
maintenance of any on-site facilities. Said organization may be a
firm, corporation or other legal entity owned and/or controlled by
the developer.
(3)
Drainage and storm water management:
(a)
The developer shall be serviced by a storm water management
system as designed by the applicant and shall conform to all relevant
borough, state and federal statutes, rules and regulations concerning
storm water management or flood control.
(b)
The development of the AH Zone will be required to provide a
comprehensive drainage system for the entire property including a
mandate that there will not be any increase in the rate of runoff,
for a 100-year storm, from the property than exists in present state.
(0% increase in peak runoff).
(4)
Electric, gas, telephone and cable television services if available
shall be provided by developer in concert with the appropriate public
utility providing such services and shall be installed underground
except high voltage, electric primaries over 30,000 volts. One master
television antenna or one cable television connection shall be provided
for each building.
(5)
Street improvements, monuments, street names and other traffic
control devices, shade trees, street lights, sidewalks, curbs, fire
hydrants, and all aspects of street construction, as well as other
improvements shall be subject to local and state regulations and Borough
Engineer approval.
(6)
Refuse pick up areas shall be provided and shall be located
for the convenience of the residents of the developments. All such
areas shall be screened with fencing four feet in height and exterior
shrubs of not less than two feet in height on at least three exposed
sides.
(7)
If a residents' association or a condominium association is
established in the AH Zone, the organization shall be required to
provide for and/or contribute to the expense or cost of the upkeep,
maintenance and expense of sanitary sewer system, roads, drives, parking
facilities, drainage facilities, street parking, street lighting,
refuse pick up, snowplowing, and other services.
K.
Indoor and outdoor recreational facilities' implementation requirements.
(1)
The area for detention basins and other drainage control devices
shall not qualify as active recreation space as required by this section
but shall be suitable for passive recreational functions. Additionally,
wetland areas shall not qualify as active recreation space as required
by this section, except for existing facilities within wetland areas
or as approved by N.J.D.E.P. Active recreation space for swimming
pools, tennis courts and other sport and recreational activities may
be improved with facilities, buildings, and structures for indoor
and/or outdoor recreational use consistent with the residential character
of the development.
(2)
All improvements of the common open space area, as shown on
the approved site plan, including recreational facilities, buildings
and structures shall be completed before a certificate of occupancy
shall be granted to more than 75% of the proposed dwelling units.
(3)
All owners and residents of the AH Development shall have the
right to use the common open space and active recreational facilities,
subject to reasonable rules and regulations. In the event the proposed
development shall consist of a number of stages the developer shall
provide active recreational areas proportionate in size to the stage
being considered for final approval.
(4)
All open spaces shall be connected to residential areas with
walkways or other reasonable means of access.
L.
General design standards of AH Zone.
(1)
Buffer:
(a)
The developer shall provide and maintain a buffer area inclusive
of the required yard, of not less than 15 feet from all external lot
lines of the development. The said buffer area shall be kept in its
natural state where wooded and where natural vegetation is sparse
or nonexistent the area shall be planted to provide a year-round natural
screen.
(c)
The required buffer area shall be included for the purpose of
computing compliance with the common open space requirements and yard
setback requirement of this section.
(2)
Each building and structure and each complex of the same shall
have a compatible architectural theme in design to provide attractiveness
within the development. Such variation shall result from the use of
landscaping and the location and orientation of buildings and structures
to the natural features of the site.
(3)
Landscaping:
(a)
Landscaping shall be provided throughout the development site
to provide a natural setting for building, structures, and recreational
facilities. Shade trees shall be planted at the discretion of the
Planning Board adjacent to public or private roadways. No tree shall
be planted nearer than 25 feet to an intersection.
(b)
All island or unpaved areas within a street shall be landscaped.
(c)
Within any area of clearing, not occupied by a building, structure,
street, parking area, or recreational facility, there shall be provided
landscaped trees and other shrubbery and design features in accordance
with the Borough Site Plan Ordinance requirements and N.J.D.E.P. regulations.
(4)
Concrete or brick paver walkways shall be provided between residential
buildings and common parking areas. Walkways shall have a minimum
width of four feet.
(5)
Adequate lighting fixtures for walks, steps, parking areas,
driveways, streets and other facilities shall be provided at locations
to provide for the safe and convenient use of the same. Fixtures shall
be situated and designated in keeping with the character of the development
and shall be adequately shaded to screen windows of dwelling units,
both off and on the development site, from direct and indirect light.
No flashing, intermittent moving light shall be permitted. Lighting
illumination levels shall minimally provide 1/2 foot-candle in all
parking and sidewalk areas.
(6)
Every building shall have two means of ingress and egress to
the exterior in accordance with BOCA code requirements.
M.
Ownership and maintenance.
(1)
The developer shall establish an organization(s) for the ownership
and maintenance of off-street parking space, recreational, utility
and essential service facilities for the benefit of the residents
of the development, and for the maintenance of common open space.
The same shall be held in perpetuity by the organization(s) subject
to appropriate easements. Structures and facilities in support of
recreational activity may be constructed in accordance with the site
plan approval. Such organization(s) shall not dispose of said off-street
parking space, recreational and/or utility and essential service facilities
by sale or otherwise, except to an organization(s) conceived and established
to own and maintain the same for the benefit of such development and
the residents thereof. Thereafter such organization(s) shall not be
dissolved or dispose of any of said off street parking space, recreational,
utility and essential service facilities without obtaining the consent
of the members of the organization(s) as provided by law and also
without offering to dedicate the same to the municipality. The developer
shall be responsible for the maintenance of said off-street parking
space, recreational, utility and essential service facilities and
shall provide for all services to the development until such time
as the organization(s) established for the ownership and maintenance
of the same and the maintenance of common open space shall be formed
and functioning.
(2)
In the event that the organization shall fail to maintain said
recreation and open space facilities for the benefit of the residents
of the development, in reasonable order and condition, the Governing
Body may serve written notice upon such organization or upon the residents
and owner of the development setting forth the manner in which the
organization has failed to maintain the same in reasonable condition,
and demanding that such deficiencies be remedied within 35 days of
the date of service. The notice shall also state the date and place
of a hearing thereon, which shall be held within 15 days after the
date of notice. At such hearing the Governing Body may modify the
terms of the original notice as to the deficiencies and may give an
extension of time not to exceed 65 days within which they shall be
cured. If the deficiencies set forth in the original notice or in
the modification thereof shall not be cured within said 35 days or
any permitted extension of time thereof, the Governing Body, in order
to preserve said open space and recreational facilities for the benefit
of the residents of the development, the same for a period of one
year, may enter upon and maintain such land. Said entry and maintenance
shall not vest in the public any rights to use the open space and
recreational facilities. Before the expiration of said year, the Governing
Body shall, upon its initiative or upon the request of the organization
theretofore responsible for the maintenance of the open space and
recreational facilities call public hearing upon 15 days' written
notice to such organization and to the residents and owners of the
development to be held by the Governing Body, at which hearing such
organization and the residents and owners of the development shall
show cause why such maintenance by the Municipality shall not, at
the discretion of the Governing Body, continue for a succeeding year.
If the Governing Body shall determine that such organization is ready
and able to maintain same in reasonable condition, the Municipality
may, in its discretion, continue to maintain said open space and recreational
facilities for the benefit of the residents of the development, during
the next succeeding year, subject to a similar hearing and determination,
in each year thereafter. The decision of the Governing Body in any
such case shall constitute a final administrative decision subject
to judicial review.
(3)
The cost of such maintenance by the Municipality shall be assessed
pro rata against the properties within the development that have a
right of enjoyment of the open space and recreational facilities for
the benefit of the residents of the development, in accordance with
assessed value at the time of imposition of the lien, and shall become
a tax lien, on said properties and be added to and be part of the
taxes to be levied and assessed thereon, and enforced and collected
with interest by the same officers and in the same manner as other
taxes.
(4)
It shall be the responsibility of the said organization(s) to
also maintain loading and unloading areas, driveways, aisles, sidewalks,
and access ways in good condition, free of litter and refuse, potholes,
cracked pavement, ice, snow or other seasonal hazards, etc. All lighting,
bumpers, markings, signs, drainage and landscaping shall be similarly
kept in workable, safe, and good condition.
N.
Administrative provisions.
(1)
Any application for development in the AH Zone shall be processed
and reviewed pursuant to the procedures and standards of the Site
Plan Ordinance and, where applicable, the land subdivision ordinance
and the laws, rules and regulations of any other governmental entity
having jurisdiction over the subject matter. The Planning Board may
engage any and all necessary experts to assist the Planning Board
in the review of any aspects of the application.
(2)
The applicant for development in the AH Zone shall submit a
comprehensive conceptual site plan for the entire area so zoned and
under the applicant's control. Said plan shall be in accordance with
the terms of the zoning ordinance, site plan ordinance, subdivision
ordinances, and the laws, rules and regulations of any other governmental
entity having jurisdiction over the subject matter. The comprehensive
plan shall be submitted as part of the preliminary site plan application.
(3)
Staging. The affordable house development may be developed in
stages as outlined herein.
Applications for final site plan approval shall be limited to
a minimum of 20% of the total number of housing units authorized by
the Planning Board at the preliminary application stage. Once a final
stage is approved by the Planning Board, the second stage shall not
be permitted for consideration by the Planning Board for a period
of not less than three months. All subsequent stages shall likewise
have a waiting period of no less than three months from the time of
approval granted by the Planning Board of the preceding stage.
Any conditions or approvals granted by the Planning Board shall
be further conditioned and subject to a developer's agreement.
(4)
Off-tract improvement (if any), shall be governed by the Site
Plan Review and Subdivision of Land Ordinance of the Borough of Oakland
as well as the Municipal Land Use Law of the State of New Jersey.
(5)
Sequence of stages:
In the deliberation of the proposed sequence of stages the Planning
Board shall be guided by the following criteria and factors:
(a)
That each stage is substantially self-functioning and self-sustaining
with regard to access, utility service, parking, open space and other
similar physical features and shall be capable of occupancy, operation
and maintenance upon completion of construction and development.
(b)
That each is properly related to every other segment of the
Affordable House Development and to the community as a whole and to
all necessary community services which are available or which may
be needed to serve the Affordable House Development in the future.
(c)
That adequate protection will be provided to insure the proper
disposition of each stage through the use of maintenance and performance
guarantees, covenants, and other formal agreements.
O.
General regulations.
(1)
Low and moderate income housing requirements:
(a)
10% of the total number of units shall be made affordable and
sold or rented to low income persons and at least 10% of the total
number of units shall be made affordable and sold or rented to moderate
income persons.
"Low income" is defined as having total gross household income
equal to 50% or less of the median household income for households
of the same size using the median income data for household size prepared
by the United States Department of Housing and Urban Development ("HUD")
for the region which includes Oakland, for the Bergen-Passaic-Hudson
PSMA, which has been adopted by the New Jersey Fair Housing Council.
"Moderate income" is defined as having total gross household
income between 50% to 80% of the median household income for households
of the same size for the region which includes Oakland using the median
income data for household size prepared by HUD, for the Bergen-Passaic-Hudson
PSMA.
"Affordable" means that a household at the ceiling income for
each income group, for each household size, is not required to pay
more than 28% of its gross household income for the total of principal,
interest, property taxes, insurance and homeowner's association assessments,
and realistically available mortgage rates. In case of rental housing
such a household is not required go pay more than 30% of income for
rent excluding utilities.
(b)
No more than 70% of the low and moderate income units shall
be efficiency or one bedroom units.
(c)
The plan shall provide preference to certain categories of qualified
low and moderate income families in the following order of priority:
(d)
The developer shall formulate and implement a written affirmative marketing plan acceptable to the Planning Board or the agency designated by them. The affirmative marketing plan shall be realistically designed to ensure that lower income persons of all races and ethnic groups are informed of the housing opportunities in the development, feel welcome to seek to buy or rent such housing. It shall include advertising and other outreach activities realistically designed to reach the low and moderate income families listed in subsection (c) above. The plan shall include advertisement in the newspaper, periodicals and other advertising media.
(e)
A developer shall submit a phasing schedule for the construction
of the low and moderate income units. The developer may construct
the first 20% of the development without constructing any low and
moderate income units. By the time 40% of the units of the development
are constructed, at least 20% of the low and moderate income units
shall be constructed and sold to lower income purchasers. By the time
60% of the units in the development are constructed, at least 45%
of the low and moderate income units shall be constructed and sold
to lower income persons. No certificate of occupancy shall be issued
for any units other than affordable to low and moderate income households
until all low and moderate income units in the previous phase have
been completed.
(f)
The developer shall submit a plan for resale or rental controls
to ensure that the units remain affordable to low and moderate income
households for at least 30 years. The purchaser shall be entitled
to sell the units for:
[1]
The original sales price multiplied by 75% of the increase in
the Consumer Price Index between the date of purchase and the date
of resale, and
[2]
Reimbursement for documented monetary outlays for reasonable
improvements.
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The low income units upon resale may be sold to low income persons
and moderate income units may be sold to low or moderate income purchasers.
If, however, no low income purchaser is found within two months, the
low income units may be sold to a moderate income purchaser or if
none is available, to any interested purchaser.
|
|
If no moderate income purchaser is found for a moderate income
unit within six months, the unit may be sold to any purchaser. Regardless
of the income of the purchaser, the resale controls shall remain in
effect for subsequent resales.
|
(g)
Rentals. Where units are offered as rental units they shall
continue to be offered as rental units for 15 years. After 15 years
they may be sold at prices affordable to moderate income households,
subject to such resale price controls as may be necessary to ensure
that the units continue to be affordable to moderate income households
for the remainder of all of the thirty-year period commencing from
the date of initial rental.
(h)
A developer in the Affordable House Zone may request the Planning
Board and/or borough to further waive or modify cost generating requirements
in the zoning, subdivision or site plan ordinance, to waive or reduce
fees, or to grant tax abatement to the extent authorized by law, if
the developer determines that such actions are necessary to provide
the required percentage of low and moderate income housing.
(2)
The municipality shall provide by ordinance an affordable housing
committee established to enforce the foregoing provisions with respect
to initial sales and resales controls contained in these general regulations.
(a)
Where the number of applicants exceed the number of low and
moderate income units available, the sales or rental of such units
shall be in accordance with the date of application submitted, with
earlier applicants being given preference over later applicants. The
distribution of available units shall be consistent with the proportion
of income categories as provided.
(b)
All applicants for the purchase or rental of low and moderate
income units shall meet the income qualifications established in this
section at the time the application is filed and shall be qualified
at the time of taking title or occupancy.
(c)
In a multi-family development under management of a single landlord,
all tenants of rented low and moderate income units shall be required
to give proof of continued income qualification the first and each
subsequent anniversary date of taking occupancy. A tenant shall cease
to remain qualified if total household income exceeds 125% of the
moderate income limit. Any tenant household not remaining so qualified
on the first or subsequent anniversary date of taking occupancy shall
be required to vacate the rented units upon nine months' written notice
if there is a qualified applicant available for each unit; provided,
however, that a household that ceases to meet the qualifications as
a low income household, but does meet the qualifications as a moderate
income household, may continue to occupy the units, and the next unit
to become available which is owned by the same owner as the unit changing
from low to moderate income occupancy shall be rented to a low income
household. Upon the issuance of the written notice to vacate, the
limitation of rental charges as set forth in this chapter shall cease
to apply and until the subject unit is vacated the owner shall be
entitled to an increase in rent, provided that the increase does not
exceed 30% of the amount by which the tenant's income exceeds the
current maximum income limitation for a moderate income household.
In the implementation of this paragraph income limitations shall be
as adjusted for household size.
(d)
The borough may administer these controls directly, or may enter
into an agreement with a nonprofit corporation or other governmental
entity or may permit the developer to administer these controls, either
directly or through a nonprofit entity established by the developer,
but in no event may the borough require the developer to administer
these controls as a condition of approval, nor any of the resale controls
be administered merely by the existence of a deed restriction of the
property.
P.
Zoning map change. The zoning map of the Borough of Oakland is hereby
amended to place lots 1, 2, and 3, block 1122 and lot 1, block 2213
within the AH Zone of the Borough of Oakland.[1]
[1]
Editor's Note: The Zoning Map of the Borough of Oakland is
certified and on file in the offices of the Borough Clerk and Building
Inspector.
[Added 3-6-1991 by Ord.
No. 91-Code-216]
A.
Purpose. The purpose of this Zone is to implement the terms of a
July 8, 2020, memorandum of understanding by amending and revising
an affordable housing zone known as the "AH-2 Zone" with the standards
and requirements as detailed herein for the tract of land situate
in the Borough known as "Block 3001, Lots 1, 4, 15 and 18," as shown
on the Tax Maps of the Borough of Oakland, to permit the construction
of an inclusionary residential development. The total number of dwelling
units to be constructed in this Zone shall not exceed 204, of which
27 shall be deed restricted affordable dwellings. Included in the
27 deed restricted affordable dwellings units will be 18 for-sale
dwellings and nine family rental dwellings. No construction permit
shall be issued for a building in this district until and unless a
site plan application has been submitted and approved pursuant to
this chapter. No building construction shall commence and no certificate
of occupancy shall be issued until and unless the building owner has
been issued a valid New Jersey Department of Environmental Protection
treatment works approval permit and the building is physically connected
to, through approved plumbing connections, a sanitary sewer treatment
facility and the building owner has been issued all necessary permits
for the sewer connection.
[Amended 6-23-2021 by Ord. No. 21-Code-843]
(1)
An AH-2 Affordable Housing 2 Overlay Zoning District is established
for a portion of block 3102, lot 3, (approximately 5.40 acres) to
be incorporated and become a part of block 3102, lot 1.
[Added 2-22-2006 by Ord.
No. 06-Code-521]
B.
Definitions. For the purpose of interpretation and implementation
of this section, the following words and terms shall have the definitions
provided. All other words and terms in this section shall have the
definitions as provided herein:
(1)
BEDROOM — A room for sleeping. Each townhouse unit shall
have at least one bedroom with a minimum area of 150 square feet and
the other bedroom shall contain a minimum area of 120 square feet.
(2)
COMMON OPEN SPACE — Means an open space area within or
related to a site designated as a development, and designed and intended
for the use or enjoyment of residents and owners of the development.
Common open space may contain such complementary structures and improvements
as are necessary and appropriate for the use or enjoyment of residents
and owners of the development.
(3)
BUILDING COVERAGE — The percentage of the property that
is occupied by a building's footprint or structure, including all
roof areas.
(4)
TOTAL SITE COVERAGE — The percentage of gross development
site area occupied by structures and all uncovered impervious surfaces
such as parking spaces, driveways and walkways.
(5)
ROADWAY — The common circulation facility serving a cluster
of buildings and or parking areas in the affordable housing zone.
(6)
DRIVEWAY — The area providing direct access to one or
more parking areas or garages linking said parking areas or garages
to a common roadway circulation element.
(7)
PARKING STALL — An accommodation of the off-street parking
of a motor vehicle of not less than 162 square feet per vehicle exclusive
of access drives or aisles and which shall be a minimum of nine feet
in width measured perpendicular to the axis of the length with adequate
provision for ingress and egress, except as provided for handicapped
persons parking spaces which shall measure 12 feet in width and 18
feet in length.
(8)
GROSS DEVELOPMENT SITE AREA — The total gross acreage
of a development within existing streets and/or property lines prior
to development or subdivision, including streets, easements and common
open space portions of the development.
(9)
TOWNHOUSE — A building containing two or more dwelling
units, each dwelling unit separated by plane vertical party walls,
separate and apart, each having direct access to the outside and the
street without use of a common hall, or passageway.
(10)
MINIMUM HABITABLE FLOOR AREA — The finished area of a
dwelling unit that is enclosed by the inside surfaces of walls and
windows in accordance with the standards established in the BOCA building
code requirements of the Borough of Oakland.
(11)
ACTIVE RECREATION AREA — A parcel of land dedicated and
designed for the use and enjoyment of the owners and residents of
the development, provided that the said areas may be improved with
building structures and facilities incidental to the recreation use.
(12)
MULTIPLE FAMILY DEVELOPMENT — An area with a specified
minimum contiguous acreage to be developed as a single entity according
to a plan containing one or more residential clusters, which may include
appropriate accessory or public or quasi-public uses all primarily
for the benefit of the residential development.
(13)
ZERO LOT LINE — A free-standing building on one lot serving
one family, with a wall of the building located on a side property
line. The side or rear yards may be closed to form common walls, open
court yards, or patios for each dwelling.
C.
Permitted uses. No building or structure shall be erected for any
purpose other than as follows:
D.
Accessory uses. Any use which is subordinate, but related and customarily
incidental to the principal permitted uses as follows:
(1)
Signs as otherwise regulated in the borough ordinances.
(2)
Noncommercial swimming pools, tennis courts, club-houses and
other indoor/outdoor recreational facilities for the project.
(3)
Private garages and off-street parking for private vehicles
in structures containing capacity for no more than two cars.
(4)
Public and private utility service facilities including water
supply, sewage treatment, gas, electric, telephone and cable services
and drainage facilities.
(5)
Gazebos.
(6)
Fences and walls at heights as regulated by the relevant borough
ordinance.
(7)
Temporary construction trailers as regulated by the relevant
borough ordinance.
E.
Maximum number of dwelling units shall not exceed 204 dwellings.
Thirteen and one-half percent of the total number of dwellings units
shall be reserved for very-low-, low- and moderate-income households.
Bedroom distribution among affordable dwelling units shall be in strict
compliance with the Uniform Housing Affordability Controls. In addition,
these affordable dwellings shall be affirmatively marketed, and deed
restricted in accordance with applicable provisions contained with
the Uniform Housing Affordability Controls and/or Chapter 93 of the
Substantive Rules of the New Jersey Council on Affordable Housing.
In addition to constructing no less than 27 affordable and deed-restricted
dwellings, the developer shall make a contribution to Oakland’s
Affordable Housing Trust Fund as detailed in the m,emorandum of understanding
referenced above.
[Amended 6-23-2021 by Ord. No. 21-Code-843]
F.
Nine family rental dwellings shall be constructed on the property.
These units may be contained in a multifamily-style residential building
which may, at the discretion of the developer, also contain some or
all of the for-sale affordable dwelling units. These dwellings shall
be designed to fully conform with the memorandum of understanding
signed between the Borough of Oakland and Bi-County Development, Inc.,
and the declaratory judgement settlement agreement, IMO Docket No.
BER-L-6359- 15, as well as Oakland’s Affordable Housing Ordinance.
[Amended 6-23-2021 by Ord. No. 21-Code-843]
G.
Area, bulk and yard requirements.
(1)
Minimum tract area 75 acres.
(2)
Minimum tract frontage along a county or municipal road 300
feet.
(3)
Average setback from all tract boundaries 50 feet.
(a)
A variance from the Planning Board shall be required if setbacks
from all tract boundaries average less than 50 feet.
(b)
In applications for multiple sections or phases, the building
setbacks on each section shall be determined in relation to only those
boundaries which are at the exterior of the entire tract. Boundaries
which one section or phase may share with another and which are internal
to the tract do not have setback requirements for the purposes of
this section.
(c)
Applications for multiple sections or phases may average building
setbacks with any other section or phase of the development.
(d)
Individual buildings shall be set back from tract boundaries
a minimum of 50 feet. Planning Board approval for individual building
setbacks of less than 50 feet, if requested, shall be by variance.
Land located within the fifty-foot tract boundary setback may be used
for calculations of rear and side (but not front) yard setbacks as
set forth herein.
(e)
Roads and driveways (except driveways to single-family detached,
townhouses and zero lot line houses) may be located within the tract
setback area so long as a twenty-five-foot setback is retained as
a minimum.
(f)
Detention or retention basins may be located within the tract
setback area so long as a twenty-five-foot setback is retained at
a minimum.
(g)
For the purposes of construction of roads and driveways located
within the tract setback as set forth above or roads, driveways and/or
structures located outside of the buffer, portions of the buffer may
be cleared in the discretion of the Planning Board which shall not
be unreasonably withheld. Further, the Planning Board may require
increased screening and/or landscaping in its reasonable discretion.
(5)
Accessory buildings with the exception of private garages servicing
individual units (which shall be governed by the setback standards
for the principal use):
H.
Residential unit standards.
(1)
Single family detached dwelling units:
(a)
Minimum lot area: 4,000 square feet.
(b)
Minimum lot frontage: 40 feet.
(c)
Minimum lot depth: 60 feet.
(e)
Maximum building height: 35 feet 3 levels (excluding habitable
attics where provided).
[1]
The height shall be measured from the average (lowest and highest)
finished grade around the perimeter of the building to the average
height of the roof (the average height between the peak of the roof
and the eaves for a pitched roof).
[2]
In a situation where the basement is partially exposed with
two stories above, the unit may also have a habitable attic. Thus,
a building may contain no more than three levels including a basement,
two living levels and, where provided, a habitable attic. Where a
habitable attic is provided, it shall count as an additional bedroom
for purposes of determining the required number of parking spaces
for the units.
(f)
Maximum building coverage: 45%.
(g)
Maximum lot coverage (excluding sidewalks along the frontage
but including walkways to and around the structure): 60%.
(2)
Zero lot line dwelling units:
(a)
Minimum lot area: 3,500 square feet.
(b)
Minimum lot frontage: 35 feet.
(c)
Minimum lot depth: 50 feet.
(d)
Minimum yards.
[1]
Front: 15 feet.
[2]
Distance between the front of the principal wall of buildings
facing each other on opposite sides of the street: 60 feet.
[3]
Side. The side yard may be zero on one side of the lot provided
that the opposite side yard setback is not less than 12 feet and,
in any event, at least one side yard provided with a minimum of 10
feet.
[4]
Rear: 20 feet.
(e)
Maximum building height - See subsection 59-66.2H(1)(e)1 and
2.
(f)
Maximum building coverage: 50%.
(g)
Maximum lot coverage (excluding sidewalks along the frontage
but including walkways to and around structures elsewhere on the lot):
65%.
(3)
Townhouse dwelling units:
(a)
Minimum lot area: 1,600 square feet.
(b)
Minimum lot frontage: 18 feet.
(c)
Minimum lot depth: 50 feet.
(d)
Minimum yards.
[1]
Front (from edge of roadway): 15 feet.
[2]
Distance between the front of the principal wall of buildings
facing each other on opposite sides of a street: 60 feet.
[3]
Side. The side yard may be zero unless the unit is on the end
of a building in which case the average yard must be at least eight
feet. The minimum distance between buildings must be at least 12 feet.
[4]
Rear: 20 feet.
(e)
Maximum building height - See subsection 59-66.2H(1)(e)1 and
2.
(f)
No limitation is placed on building and/or lot coverage for
townhouses, provided the entire PUD development otherwise complies
with the section for maximum lot coverage and impervious lot coverage.
See Section 59-62.2(G)(6)(a) and (b).
(g)
Maximum number of units per building.
All townhouse units: 6 units
Combination of townhouse and condominium units: 8 units
(h)
Maximum building length: 150 feet.
(i)
Maximum break required in horizontal alignment: 4 feet.
(j)
Maximum number of townhouse units before required horizontal
break: 2 units.
(4)
Multi-family condominiums or apartments (including, but not
limited to, age-restricted units):
(a)
Maximum building height - See subsection 59-66.2H(1)(e)1 and
2.
(b)
Minimum building setbacks (from edge of roadway): 15 feet.
(c)
Distance between the front of the principal wall of buildings
facing each other across a street: 60 feet.
(d)
Maximum building length: 150 feet.
(e)
Maximum number of units per building.
Non-age restricted: 27 units
Age restricted: 20 units
[Amended 6-23-2021 by Ord. No. 21-Code-843]
(f)
Minimum distance between buildings: 25 feet.
I.
Off-street parking requirements per dwelling unit shall be as follows:
(1)
Single family detached and zero lot line dwelling units:
(a)
Two and three bedroom units: 2 spaces.
Four and five bedroom units: 3 spaces.
(b)
At least one parking space will be provided in a garage. For
purposes of calculating compliance with the section each garage space
will count as 0.5 space and each off-street space provided on a driveway
will count as 1.0 space.
(4)
Visitor parking: For every three units of townhouse or multi-family
condominium or garden apartment dwelling units, one additional parking
space shall be provided for visitor parking in off-street lots. Each
space shall be nine by 18 feet. Handicapped spaces shall be provided
at the reasonable discretion of the Planning Board.
(5)
A setback of 25 feet for that portion of a building which fronts
on the driveway is required from the edge of the roadway if the driveway
is to be claimed for credit as a parking space.
J.
Circulation requirements.
(1)
Roadway and driveway widths shall be determined as follows:
(a)
Roadway - one way: 16 feet.
(b)
Roadway - two way: 24 feet.
(c)
Driveway - to parking facility for ingress/egress one way: 12
feet.
(d)
Driveway - to parking facility for ingress/egress two way: 20
feet.
(e)
Driveways to single family detached, townhouse and zero lot
line houses: 9 feet.
(f)
On-street parking will be permitted on roadways.
(2)
Construction of pavement of all roadways shall conform to the
borough standards for public roads.
(3)
Sidewalks shall be located according to the reasonable discretion
of the Planning Board.
K.
Development on slopes: The Planning Board shall have the discretion
to waive provisions of the Borough Slope ordinance and to permit in
an AH2 development the construction of buildings on slopes up to and
including 20% so long as no more than 50% of any building encroaches
on slopes greater than 15%.
L.
Zoning map change. The zoning map of the Borough of Oakland is hereby
amended to place block 31-2, lot 1 and block 31-3, lots 1 and 2 within
the Affordable Housing 2 (AH2) zone of the Borough of Oakland.
(1)
The zoning map is amended to include an AH-2 Affordable Housing
2 Overlay Zoning District for a portion of block 3102, lot 3 (which
is approximately 5.40 acres). The underlying zoning of block 3102,
lot 3 (approximately 3.64 acres) remains the same.
[Added 2-22-2006 by Ord.
No. 06-Code-521]
M.
The Affordable Housing 2 Overlay Zoning District for a portion of block 3102, lot 3 shall be an overlay district on the zoning map established in Section 59-66.2L. In the event that block 3102, lot 3 is not developed in accordance with the requirements as established by the AH-2 Affordable Housing Zoning District, the buildings and land uses shall be controlled by the pertinent regulations within the applicable base zoning district and any other regulations that may apply in the Borough of Oakland Land Use and Zoning Ordinance.
[Added 2-22-2006 by Ord.
No. 06-Code-521]
[Added 12-19-1990 by Ord.
No. 90-Code-191]
A.
Statement of purpose. It is the express purpose of this section to
provide for special qualitative and quantitative development controls
for all lands located within the Borough of Oakland which have present
within their boundaries topographical conditions, hereinafter defined
as "Steep Slopes."
These special development controls are provided in recognition
of the potentially negative impacts of construction in steep slope
areas in the form of erosion, siltation, excessive removal of vegetation
and soil, flooding soil slippage, water runoff, and destruction of
unique land forms and predominant views. It is further the purpose
of this section to encourage good land use planning and design and
to maximize the best use of the natural terrain and maintain ridge
lines and skylines intact.
Effective and reasonable application of these regulations will
protect the health, safety, and welfare of the citizens of the Borough
of Oakland.
This section is further promulgated to provide a functional
land use design and control mechanism which will augment the basic
land use controls of the zoning ordinance and the administrative implementing
devices contained within the borough's site plan and subdivision ordinance.
B.
Applicability. The requirements, guidelines, and controls promulgated under this section shall be applicable to all properties within all zone districts situated in the Borough of Oakland in their existing physical state or condition as of the date of the passage of this section. Said applicability shall apply only to new construction where said properties fall within a 15% or greater slope area, except as provided for in subsection E. This section shall further apply to building reconstruction where over 50% of any structure on a property or parcel of land is destroyed by fire or other natural occurrence or as a result of redevelopment and the entire footprint of said structure falls within a 15% or greater slope area.
C.
Definitions.
(1)
STEEP SLOPE — Steep slopes are defined to include slopes
in excess of 115% in gradient as measured and documented in accordance
with the "Slope Measurement Criteria" definition.
(2)
SLOPE MEASUREMENT CRITERIA — The following "Slope Measurement
Criteria" shall serve as the basic means of identifying and categorizing
"Steep Slopes" as further regulated under this section.
(a)
VERTICAL MEASUREMENT — Vertical measurement shall be determined
utilizing two foot contours as documented and determined by on-site
survey or the use of photogrammetric aerial topography.
(b)
HORIZONTAL MEASUREMENT — Horizontal measurement shall
be determined by use of an appropriate scale as required by Borough
Site Plan or Subdivision Ordinance measuring a minimum horizontal
section 30 feet in length.
(c)
APPLICATION OF VERTICAL AND HORIZONTAL MEASUREMENTS —
The vertical and horizontal measurements are utilized to determine
the slope by measuring the vertical rise on the basis of two foot
contours in a thirty-foot horizontal length.
(3)
DISTURBANCE — Disturbance shall be defined as any physical
activity which results in removal of vegetation, modification of topography
by cutting or filling, stripping of top soil, and/or placing of physical
structures or improvements thereon.
(4)
PERMITTED DENSITY — Permitted density shall be based upon the minimum required lot areas and maximum allowed building coverage as provided in Section 59-47 Lot Area and Bulk Regulations of the Borough of Oakland Zoning Ordinance.
(5)
ADJUSTED DENSITY — Adjusted density shall be a function
of the application of the following density control criteria as applied
to slope characteristics determined in accordance with slope measurement
criteria.
(6)
DENSITY CONTROL CRITERIA — Density control criteria shall be those criteria set forth in subsection D of this section.
(8)
GRADING — Any disturbance of the original grade by stripping,
cutting, filling, stockpiling, or any combination thereof.
(9)
TRANSITIONAL GRADING — The disturbance in that area of
land between the original grade and the finished grade to accommodate
roads, parking areas, structures, and other like improvements.
D.
Density control criteria and computations.[1] To meet the purposes, goals, and standards set forth in
this section, the applicable provisions of the Zoning Ordinance relating
to minimum lot sizes, density, and building coverage "permitted density"
of development shall be modified in areas of slopes greater than 15%.
(1)
The maximum disturbance allowed shall be determined by multiplying
the total land area in various slope categories by the following limiting
factors:
|
Slopes
(percent)
|
Factor
|
Disturbance Allowed
|
|---|---|---|
|
35% or greater
|
0
|
No disturbance allowed
|
|
25.0 - 34.9%
|
0.3
|
Only transitional grading
|
|
15.0 - 24.9%
|
0.5
|
Only transitional grading or road construction
|
|
0.0 - 14.9%
|
1.0
|
All construction allowed
|
(2)
The maximum number of dwelling units allowed on any tract shall
be computed as follows:
|
Application of Slope Criteria
|
|
(Land with 35% or more slopes x 0)
|
|
+ (Land with 25.0 to 34.9% slopes x 0.3)
|
|
+ (Land with 15.0 to 24.9% slopes x 0.5)
|
|
+ (Land with 0 to 14.9% slopes)
|
|
= Total Land Area available for Development (TLD) which shall
include areas for building lots, road easements, water retention and/or
detention, wetlands, flood plains, and other such improvements/restrictions
|
[1]
Editor's Note: For examples of computation for density control, see Appendices A and B, included as attachments to this chapter.
E.
Construction control limitations. Only the following uses and physical
development activities shall be allowed as set forth below:
|
Slope Category
|
Grading Limitations
|
Activity Allowed
|
|---|---|---|
|
0.0% - 14.9%
|
100%
|
All construction allowed
|
|
15.0 - 24.9%
|
50%
|
Only transitional grading or road construction
|
|
25.0 - 34.9%
|
30%
|
Only transitional grading
|
|
35.0% and above
|
0%
|
No disturbance allowed
|
F.
Exemptions. All existing developed structures shall be exempt from this section, except as provided for in Subsection B.
G.
Soil moving. Nothing herein shall be construed to affect the provisions
of the Borough of Oakland's Soil Moving Ordinance.
H.
Planning Board jurisdiction and variances. Nothing in this section
shall be construed to limit the jurisdiction of the Planning Board
or Zoning Board of Adjustment over site plan approval or to grant
variances or waivers in accordance with the Municipal Land Use Law
as amended.
[Added 3-21-2001 by Ord.
No. 01-Code-403]
A.
Findings. The Borough of Oakland has recognized the need to permit
personal wireless telecommunications towers, equipment and facilities
in appropriate locations in the Borough.
B.
Intent. The intent of this section is to allow these facilities as
conditional uses (1) on municipal property in any zone or (2) within
the public right-of-way of major traffic corridors in nonresidential
zones within the Borough of Oakland or (3) within the public right-of-way
of all state or county roads in nonresidential zones with the Borough
of Oakland or (4) on approved existing lawful structures located in
nonresidential zones. Wire communications facilities are expressly
prohibited from being located on private property in a residential
zone. However, this prohibition shall not apply to wireless communications
facilities already located within the Borough prior to enactment of
this section.
C.
Purpose. The purpose of this section is to create the opportunity
to locate personal wireless telecommunications facilities in areas
in which there will be no substantial impact on the character of the
Borough of Oakland and which will provide the maximum benefit to Borough
residents as a whole. The intent of this section is to limit the location
of such facilities to areas which are both acceptable to telecommunications
companies wishing to provide service and consistent with the above
objectives; to insure that competition is fostered among local wireless
service providers; to insure that opportunities for economic development
are created; and to insure that the local government, and therefore
the residents of the borough, benefit from the services offered by
telecommunications providers. The overriding objective of this section
is to insure that public health, safety and welfare is safeguarded
and that the following goals are advanced:
(1)
Protect residential zones and uses from the potential adverse
impacts of wireless telecommunications towers, facilities and equipment;
(2)
Require the location of new wireless telecommunications towers,
facilities and equipment in specific locations within the borough;
(3)
Minimize the number of wireless telecommunications towers in
the borough exceeding 60 feet in height;
(4)
Encourage collocation of new antennas on existing towers and
structures located on Borough property; and
(5)
Require the use of stealth technology for all new towers or
antenna locations through innovative design, siting and camouflaging
techniques.
D.
Conditional uses; location priorities. Locations are enumerated below
in the order of the location priority:
(1)
Existing lawful structures.
(a)
First priority shall be given to existing buildings or structures
owned by the Borough of Oakland which may be utilized for the placement
of personal wireless telecommunications facilities, provided a license
or lease authorizing such facilities has been approved by the Council
of the Borough of Oakland, subject to the following conditions:
[1]
The added equipment shall not extend higher than 20 feet above
the existing structure upon which said equipment is to be placed.
[2]
The added equipment shall not protrude beyond the existing sides
of the structure more than five feet.
[3]
Personal wireless telecommunications facilities shall maintain
a minimum fifteen-foot setback to any property line and shall be appropriately
landscaped as required by the approving authority.
(b)
Second priority shall be given to existing wireline systems,
such as conventional cable or telephone wires, located along major
traffic corridors in nonresidential zones within the Borough which
may be utilized to install a system of multiple low-powered antennas.
Similar technology that does not require the use of towers may also
be utilized within the same public rights-of-way, subject to the following
condition:
[1]
Antennas and all attendant facilities must be capable of being
mounted on existing structures.
(c)
Existing wireline systems, such as conventional cable or telephone
wires, located within the public right-of-way of any state or county
road within the borough may be utilized to install a system of multiple
low-power antennas. Similar technology that does not require the use
of towers may also be utilized within the same public rights-of-way,
subject to the following condition:
[1]
Antennas and all attendant facilities must be capable of being
mounted on existing structures.
(d)
Third priority shall be given to the placement of personal wireless
telecommunications facilities on or in an existing lawful structure
in any commercial or industrial zone with the consent of the property
owner, subject to the following condition:
[1]
To minimize the visual negative impact of personal wireless
telecommunications facilities, owners and users of antennas and related
facilities utilizing existing structures are required to use innovative
camouflage techniques with the goal of completely concealing the equipment.
(2)
Antennas on existing towers. An antenna may not be attached
to an existing tower owned by the Borough of Oakland in any zone unless
a license or lease authorizing such placement of personal wireless
telecommunications facilities has been approved by the Mayor and Council
of the Borough of Oakland. If approved by the Mayor and Council of
the Borough of Oakland, such existing tower shall be considered a
first priority location for the placement of personal wireless telecommunications
facilities. To minimize the visual impact associated with the proliferation
and clustering of towers, collocation of one or more providers' antennas
on an existing tower takes precedence over the construction of new
towers, subject to the following collocation requirements.
(a)
Collocation requirements.
[1]
A tower which is modified or reconstructed to accommodate the
collocation of additional antennas shall be of the same tower type
as the existing tower, unless the approving authority allows reconstruction
as a monopole or stealth structure; provided, however, that the height
of the modified or reconstructed tower shall not exceed the height
of the existing tower.
[2]
Collocation conditions and limitations. Any new tower shall
provide for future collocation as set forth in this section. Collocation
by two or more telecommunications providers shall be permitted on
one tower provided that by collocating, all conditions of this section
are satisfied.
[a]
In the event a proposed tower for an existing or
future collocation cannot be constructed within the permitted height
limitations, then such collocation is prohibited.
[b]
No tower may be designed or built to collocate
with another telecommunications provider at a height greater than
the maximum permitted by this section.
[c]
In the event any collocation is proposed, a letter
of commitment shall be filed by the applicant to lease excess space
on the tower to other potential users at prevailing market rates and
conditions. The letter of commitment shall be recorded prior to the
issuance of a building permit and shall be binding upon the tower
owner, property owner and successors in interest.
[3]
Onsite location.
[a]
A tower which is rebuilt or modified to accommodate
collocation may be moved onsite within 50 feet of its existing location
provided the new location complies with all setback requirements.
[b]
If two or more towers exist on a site and a tower
is rebuilt or modified to accommodate collocation, only one tower
may remain on the site. This sections shall not apply in those instances
where towers are located on sites occupied by high-tension wires.
[c]
A relocated onsite tower shall continue to be measured
from the original tower location for purposes of calculating separation
distances between towers pursuant to this section.
(3)
New tower construction. New tower construction shall be fourth
in priority. No new tower shall be permitted unless the applicant
demonstrates to the reasonable satisfaction of the approving authority
that no existing tower or structure or alternative technology that
does not require the use of towers can accommodate the applicant's
proposed antenna. The applicant shall submit information requested
by the approving authority related to the availability of suitable
existing towers, other structures or alternative technology. Evidence
submitted to demonstrate that no existing tower, structure or alternative
technology can accommodate the applicant's proposed antenna must consist
of evidence showing that a significant "gap" in the availability of
wireless service will exist if a new tower is not located within the
geographic area. Upon establishing a significant "gap" in service,
the provider must demonstrate to the reasonable satisfaction of the
approving authority that the proposed tower is the least intrusive
means of filling that "gap" with a reasonable level of service. To
do so, the provider must show that a good faith effort has been made
to identify and evaluate less intrusive alternatives.
(a)
Construction requirements. The following are the construction
requirements for all new tower applications:
[1]
Area and setback requirements.
[a]
Minimum lot area - Two acres.
[b]
Residential setback from property lines - 300 feet
or 300% of the tower's height, whichever is greater.
[c]
Nonresidential setback from property lines - 120%
of the height of the tower from any adjoining lot line, nonappurtenant
building or structure or street right-of-way.
E.
General requirements for all towers and antennas.
(1)
Stealth requirements. Applicants are required to use the latest
stealth or camouflaging techniques to either make a tower appear to
be a tree of native species to blend in with surrounding trees, other
types of stealth structures or to be completely concealed by placement
within an existing structure.
(2)
Pole type. Monopole or stealth tower construction shall be used
in all new tower construction. Lattice type structures and/or guy
wires shall be prohibited.
(3)
Noise. Noise levels at any property line shall not be more than
50 decibels.
(4)
Annual report. Upon issuance of a building permit for a personal
wireless telecommunications tower site, the owner or operator of the
site shall provide to the Secretary of the Borough Planning and Zoning
Boards, an initial report signed and sealed by a licensed professional
engineer certifying the estimated useful structural life of the tower,
if any, as well as providing an initial inventory of all equipment
and facilities on the site. After 50% of the useful structural life
of a tower has lapsed, annual recertification reports as to the structural
integrity of the tower shall be required. An updated report shall
also be provided whenever antenna arrays are modified and shall include
a detailed listing of all antennas and equipment. All vendors and
lessees shall also be required to notify the above Borough Official
when the use of such antennas or equipment is discontinued. If any
of the reports disclose that a condition of any site presents an imminent
hazard to the public health, safety or welfare, or that the tower
facilities and equipment are no longer in use, the owner shall, and
the Borough Engineer or Zoning Officer may order in their discretion
that the owner take appropriate corrective action including, if necessary,
the removal of the tower, facilities or equipment to protect the public
health, safety and welfare. Personal wireless telecommunications towers,
facilities and equipment shall be maintained to insure continued structural
integrity. The owner of the site shall also perform such other maintenance
of the structures and of the site so as to assure that it does not
create a visual nuisance.
(5)
Abandonment. In the event a wireless telecommunications facility
is abandoned or not operated for the use as approved for a period
of one year, the same shall be removed, at the option of the borough,
and at the sole expense of the operator. In no event may a wireless
telecommunications facility be used for a purpose other than its initial
approved use.
(6)
Signs. No signs shall be permitted on any tower, equipment or
facility, except for those signs required by law or containing such
information as owner contact information, warnings, equipment information
and safety instructions. These signs shall not exceed two square feet
in total area. Commercial signs shall be prohibited on all wireless
telecommunications towers, facilities and equipment.
(7)
Lighting. Site lighting shall be oriented inward towards the
site to avoid off-site impact. No tower lighting, except regulatory
lights required by federal laws, shall be permitted.
(8)
RF radiation. The applicant shall comply with the New Jersey
Radiation Protection Act and regulations and any other federal or
local regulations in effect. The applicant shall demonstrate compliance
with such standards.
(9)
Multiple towers. Any prohibition contained in any ordinance
restricting the number of principal uses per lot shall not apply to
the construction of personal wireless telecommunications towers, facilities
and equipment when the conditions contained in this section are met.
The minimum setback distance between structures shall not apply to
personal wireless telecommunications towers, facilities and equipment.
(10)
Site location analysis. Every application for a personal wireless
telecommunications tower, facility or equipment shall include a site
location alternative analysis, including an analysis of the location
priorities set forth in this section, describing the locations of
other sites considered, the availability of those sites, the extent
to which other sites do or do not meet the providers service or engineering
needs and the reason why the subject site was chosen. The analysis
shall address the following issues:
(a)
How the proposed location of the wireless telecommunications
tower, facility or equipment relates to the objective of providing
full wireless communications services within the Oakland Borough area
at the time full service is provided by the applicant and by other
providers of wireless telecommunications services within the Oakland
Borough area.
(b)
How the proposed location of the wireless telecommunications
tower, facility and equipment relates to the location of any existing
towers, facilities or antennas within or near the Oakland Borough
area.
(c)
How the proposed location of the wireless telecommunications
tower, facilities or equipment relates to the anticipated need for
additional towers, facilities or equipment within and near the Oakland
Borough area by the applicant and by other providers of wireless telecommunications
services within the Oakland Borough area.
(d)
How the proposed location of the wireless telecommunications
tower, facilities and equipment relate to the objective and goal of
maintaining concealed or reduced tower height with groups of towers
within close proximity to one another rather than isolated taller
towers with many users at greater tower heights at random locations
throughout the borough.
(11)
Site plan approval. In addition to the applicable documentation
and items of information required for major site plans within the
Oakland Land Use and Zoning Subcode, the following additional documentation
and items of information shall be required as part of any personal
wireless telecommunications facility application:
(a)
A scaled site plan clearly indicating the location, type and
height of the proposed tower, on-site land uses and zoning, adjacent
land uses and zoning (including when adjacent to other municipalities),
adjacent roadways, proposed means of access, setbacks from property
lines, elevation drawings of the proposed tower and any other structures,
topography, parking and other information deemed necessary to assess
compliance with this section.
(b)
The setback between the proposed facility and the nearest residential
unit.
(c)
Documentation by a qualified expert regarding the capacity of
the proposed facility for the number and type of antennas.
(d)
Documentation by a qualified expert that any proposed tower
will have sufficient structural integrity to support the proposed
antennas and the anticipated future collocated antennas and that the
structural standards developed for antennas by the Electronic Industries
Association and/or the Telecommunications Industry Association have
been met.
(e)
A letter of intent by the applicant, in a form acceptable to
the Borough Council, indicating that the applicant will share the
use of any tower with other approved personal wireless telecommunications
services.
(f)
A visual sight distance analysis, graphically simulating the
appearance of any proposed tower and indicating its view from at least
five locations around and within one mile of the proposed tower where
the tower will be most visible.
(12)
Experts. The approving authority reserves the right to retain,
at the applicant's expense, any technical consultants as it deems
necessary to provide assistance in the review of site location alternatives
analysis and specifications. By submitting an application for a personal
wireless telecommunications tower, facility or equipment, the applicant
is aware of this procedure.
(13)
Grade elevation. No facility shall be location on property with
an existing grade elevation of less than 700 feet nor more than 1,080
feet (North American Vertical Datum of 1929).
(14)
Access. Any access to a wireless telecommunications facility
shall conform to the driveway provisions of the Oakland Borough Land
Development Subcode.
(15)
Off-street parking. One off-street parking stall shall be required.
(16)
Satellite or dish antennas. The construction of any dish antennas
or other similar antennas or device, with a diameter of more than
24 inches, is prohibited.
[Added 4-26-2011 by Ord.
No. 11-Code-648]
A.
No POD shall be placed on or at a residential property without obtaining
a Zoning Department permit. The Zoning Department shall provide a
copy of this section and application forms in all applications for
any construction permits. To obtain a permit, the property owner(s)
or property manager, in the case of rental units shall obtain approval
from the Zoning Officer. Applications shall include, but are not limited
to, the following:
(1)
The names, addresses and telephone numbers of the owner or manager
of the property on or at which the POD is to be placed; and
(2)
The names, addresses and telephone numbers of the individual
or company which owns the POD; and
(3)
A copy of a survey must accompany the application; and
(4)
Any other information the Zoning Officer may require to determine
the full compliance with other applicable ordinances of the borough.
|
In the case of a tenant or property owner using the same POD
for the purposes of moving between properties within the borough,
only one permit will be required; however, a survey shall be submitted
for both locations.
|
B.
Size of POD. A POD shall be no greater than eight feet in height,
24 feet in length and eight feet in width.
C.
Number of PODS®. One POD shall be
permitted per residential property.
D.
Location of PODS®. The placement of
PODS® shall meet all of the following
provisions:
(1)
The POD shall be placed either on the lawn, in the driveway
or in an approved paved parking area at the furthest possible point
from the street but at least 10 feet from the curb.
(2)
The POD shall not be placed within any public right-of-way or
roadway including sidewalks.
(3)
In a multifamily residential complex, the POD shall be placed
as close to the dwelling using the unit as possible.
(4)
At the discretion of the Zoning Officer, the POD may be placed
in an alternative location provided that the alternative location
does not create an unsafe location.
E.
Duration.
(1)
Where a POD is used for the parking or storage of items for
permanently moving to or from a residence, during any twelve-month
period commencing from the date of issuance of a permit, one POD may
be placed on or at a residential property for a period not exceeding
14 total days to load and 14 total days to unload.
(2)
Where a POD is used during construction or renovation to the
main residence, commencing from the date of issuance of a permit,
one POD may be placed on or at a residential property for an initial
period not exceeding three months with an additional renewal of three
additional months thereafter in the event the construction or renovation
project has not been completed. After an initial six months, the applicant
may request one month extensions for good cause from the Zoning Officer,
but in no event shall the period for storage under this section extend
beyond 12 total months.
(3)
Where residential fire, hurricane, natural or man-made disaster
has occurred causing substantial damage to a residential property,
the Zoning Officer of the Borough shall determine the time period
for the POD.
F.
Fees.
(1)
Where a POD is used for packing or storage of items for permanently
moving to and from a residence, the fee for a POD permit shall be
$50.
(2)
Where a POD is used during construction or renovation to the
main residence, the fee for the POD shall be $100 for the first three
months and three-month renewal thereafter. After the initial six-month
period, the fee for a POD permit shall be $25 for each additional
one month renewal.
(3)
The Borough of Oakland shall not pro-rate the POD fee if the
unit is removed prior to the end of the fee period.
G.
Standards.
(1)
No POD shall be used to store solid waste, construction debris,
demolition debris, recyclable materials, business inventory, commercial
goods, or goods for property other than at the residential property
where the storage unit is located.
(2)
Storage of hazardous material within the POD is prohibited.
(3)
PODS® shall be locked and secured
by the property owner, tenant or property manager at all times when
loading or unloading is not taking place.
(4)
The property owner, tenant or property manager or user of a
POD must secure it in a manner that does not endanger the safety of
person or property in the vicinity of the temporary structure. In
the event of severe weather conditions in which the unit may become
a physical danger to persons or property, the Borough of Oakland may
require the removal of the POD.
(5)
No temporary or permanent wiring shall be installed in or attached
to a POD.
(6)
A POD must be placed on the ground as designed and not raised
for underneath storage.
(7)
No materials or equipment may be stored on top of a POD.
H.
Occupancy of container prohibited. No human or animal shall occupy
any POD except for the express purpose of loading or unloading the
container. No heat source of any kind shall be placed in any POD.
I.
Separate violations. Each and every day that a POD remains on the property beyond the applicable permitted time, shall be considered as a new and separate violation. Each and every POD more than the quantity of one located on the property shall be considered a new and separate violation. The amount of the penalty for any such violation shall be as set forth in Section 59-108, Violations and Penalties.
[Added 5-22-2013 by Ord.
No. 13-Code-685]
A.
Permit requirements.
(1)
Before any solar panel may be installed, plans for such installation
shall be submitted to the Oakland Building Department and Oakland
Fire Official. No solar panel shall be installed without a permit
issued by the borough.
(2)
The design of the solar energy system shall conform to all applicable
industry standards including the New Jersey Uniform Construction Code,
the International Building Code, the National Electric Code and the
Oakland Building Code and Zoning Regulations. The applicant shall
submit certificates of design compliance obtained by the equipment
manufacturer from a certified organization and any such design shall
be certified by an engineer registered in the State of New Jersey.
The manufacturer specifications shall be submitted as part of the
application.
(3)
When the requirements imposed by any applicable code are either
in conflict, more stringent or impose additional design standards
than the requirements contained within the Oakland Zoning Ordinance,
then the requirements of the other applicable code shall govern and
shall supersede requirements contained in the Oakland Zoning Ordinance.
B.
Installation requirements.
(1)
Roof-mounted solar panels shall be mounted parallel to the roof
angle and, if mounted on a sloping roof, shall not exceed a height
of 15 inches above the ridge of the roof.
(2)
A roof-mounted solar panel that is mounted on a flat roof may
be angled to achieve maximum sun exposure but shall not exceed eight
feet above the roof. No such mounted panel shall exceed the maximum
permitted height of the structure.
(3)
All roof-mounted solar panel installations shall be designed
and constructed to provide designated pathways. Every roof pathway
shall comply with the standards for same as detailed in the latest
edition of the New Jersey International Building Code.
(4)
Roof-mounted solar panels must be installed in such locations
so as to provide for roof access points to designated walkways in
areas that do not require the placement of ground ladders over openings
such as windows or doors, and located at strong points of building
construction that are not in conflict with overhead obstructions such
as tree limbs, wires or signs. Roof access pathways shall be located
at structurally strong locations on the building capable of supporting
the live load of firefighters accessing the roof.
(5)
All roof-mounted panels shall be installed at least three feet
from the roof edges and provide access pathways depending on the style
of roof construction pursuant to the most recent edition of the New
Jersey International Building Code.
(6)
Solar panels shall be placed such that concentrated solar radiation
or glare shall not be directed onto nearby properties, businesses,
residential homes or roadways.
(7)
Conduit, wiring systems, and raceways for photovoltaic circuits
shall be located as close as possible to the ridge or hip or valley
and from the ridge, hip or valley as directly as possible to an outside
wall to reduce tripping hazards and maximize ventilation opportunities.
Conduit runs between sub arrays and to DC combiner boxes shall be
installed in a manner that minimizes the total amount of conduit on
the roof.
(8)
An eternal disconnect switch, readily accessible by emergency
responders, and which is clearly identifiable and unobstructed, shall
be provided to disconnect power at the solar panel.
(9)
Marking is required on all interior and exterior direct conduit,
enclosures, raceway, enclosures, cable assemblies, junction boxes,
combiner boxes and disconnects to alert emergency first responders
to avoid cutting them.
(10)
Marking is required on all interior and exterior direct conduit,
enclosures, raceway, enclosures and cable assemblies every 10 feet,
within one foot of turns and bends and within one foot above and below
penetrations of roof/ceiling assemblies, walls or barriers.
(11)
The materials used for marking shall be reflective, weather
resistant and suitable for the environment. Marking shall have all
letters capitalized with a minimum letter height 3/8 inch tall. Letters
shall be white on a red background.
(12)
Signage identifying the use of solar panels shall be posted
at an easily visible location. The signage shall clearly state the
name, address and telephone number of the vendor authorized to deactivate
the solar panel system in the case of an emergency. In addition, the
marking shall contain the words "WARNING: PHOTOVOLTAIC POWER SOURCE."
Marking shall be placed adjacent to the main service disconnect in
a location clearly visible from the location where the disconnect
is operated.
(13)
In addition to the required signage, property owners shall provide
the Borough Fire Official with a map illustrating the location of
the disconnect switch, as well as any information regarding the vendor
authorized to deactivate the solar panel. The Oakland Fire Official
is herein authorized to request additional information on the map
or in a format specified by the Fire Official.
(14)
Ground-mounted solar energy systems shall not be located in
the front yard of a residential lot in a one- or two-family zone district.
When located in the side or rear yard of a residential lot in a one-
or two-family zone district, solar panels shall comply with the height
limitations and yard setback requirements applicable to accessory
structures in said zone district. Solar energy systems shall be screened
from the view of public streets and residential zones by vegetation,
fencing or walls and/or topographic features.
(15)
Ground-mounted solar energy systems shall not be located in
the front yard of a residential lot in an attached housing zone district.
When located in the side or rear yard of a residential lot in an attached
housing zone district, solar panels shall comply with the height limitations
and yard setback requirements applicable to accessory structures in
said zone district. Solar energy systems shall be screened from the
view of public streets and residential zones by vegetation, fencing
or walls and/or topographic features.
(16)
Ground-mounted solar energy systems, complying with the height
limitations and the required side yard setback applicable to accessory
structures in said zone district, may be located in the side yard
of all nonresidential zones. Solar energy systems shall be screened
from the view of public streets and residential zones by vegetation,
fencing or walls and/or topographic features.
(17)
Ground-mounted solar energy systems, complying with the height
limitations and the required rear yard setback applicable to accessory
structures in said zone district, may be located in the rear yard
of all nonresidential zones. Solar energy systems shall be screened
from the view of public streets and residential zones by vegetation,
fencing or walls and/or topographic features.
(18)
A solar energy system erected above off-street parking area
shall be screened from the view of public streets and residential
zones by vegetation, fencing or walls and/or topographic features.
Notwithstanding other provisions within this section, a solar energy
system erected above a parking area shall be permitted a maximum height
of 22 feet above the elevation of the parking pavement. Mounting equipment
necessary for a solar energy system to be installed above parking
infrastructure is permitted to encroach the minimum distance necessary
into the depth and/or width of a parking space without creating a
variance condition relative to the dimension or size of a parking
space.
(19)
Solar energy systems erected over off-street parking areas or
pedestrian walkways shall be equipped with snow and ice cleats.
(20)
All ground-mounted solar energy systems erected above a parking
area shall be equipped with exterior lighting systems designed to
illuminate the parking facility by providing sufficient, safe and
uniform lighting levels onto the surface of the parking area while
avoiding undue glare, light trespass and light pollution by use of
fixtures utilizing a sharp cut-off design.
(21)
When installed as an accessory use on a lot with a principal
use or structure, solar energy systems shall be designed and sized
to provide energy for the principal use of the property whereon the
solar energy system is installed and shall not be for the generation
of power for commercial purposes. This provision shall not be interpreted
to prohibit the sale of excess power generated from time to time from
an accessory use solar energy system designed and sized to meet the
energy needs of the principal use located on the same property whereon
the solar energy system is installed. This provision is not applicable
to solar energy systems installed as the principal use of the property.
In these cases there is no other principal use on the property that
could utilize the energy generated by the solar energy system.
[Added 8-17-2022 by Ord.
No. 22-Code-889]
A.
Purpose. The purpose of this section is to promote and encourage
the use of electric vehicles by requiring the safe and efficient installation
of EVSE and Make-Ready parking spaces through municipal parking regulations
and other standards. EVSE and Make-Ready parking spaces will support
the State's transition to an electric transportation sector, reducing
automobile air pollution, greenhouse gas emissions, and storm water
runoff contaminants. The goals are to:
(1)
Provide adequate and convenient EVSE and Make-Ready parking
spaces to serve the needs of the traveling public.
(2)
Provide opportunities for residents to have safe and efficient
personal EVSE located at or near their place of residence.
(3)
Provide the opportunity for non-residential uses to supply EVSE
to their customers and employees.
(4)
Create standard criteria to encourage and promote safe, efficient,
and cost-effective electric vehicle charging opportunities in all
zones and settings for convenience of service to those that use electric
vehicles.
B.
CERTIFICATE OF OCCUPANCY
CHARGING LEVEL
(1)
(2)
(3)
ELECTRIC VEHICLE
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or (EVSE)
MAKE-READY PARKING SPACE
PRIVATE EVSE
PUBLICLY ACCESSIBLE EVSE
Definitions.
The certificate provided for in N.J.A.C. 5:23-2, indicating
that the construction authorized by the construction permit has been
completed in accordance with the construction permit, the act and
the regulations. See "State Uniform Construction Code Act," P.L. 1975,
c. 217 (C. 52:27D-119 et seq.) and regulations adopted pursuant thereto.
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
Level 1 operates on a 15 to 20 amp breaker on a 120 volt AC
circuit.
Level 2 operates on a 40 to 100 amp breaker on a 208 or 240
volt AC circuit.
Direct-current fast charger (DCFC) operates on a 60 amp or higher
breaker on a 480 volt or higher three phase circuit with special grounding
equipment. DCFC stations can also be referred to as rapid charging
stations that are typically characterized by industrial grade electrical
outlets that allow for faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets; and operates either
partially or exclusively using an electric motor powered by an externally
charged on-board battery.
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point of sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. "EVSE" may deliver either alternating
current or, consistent with fast charging equipment standards, direct
current electricity. "EVSE" is synonymous with "electric vehicle charging
station."
The pre-wiring of electrical infrastructure at a parking
space, or set of parking spaces, to facilitate easy and cost-efficient
future installation of Electric Vehicle Supply Equipment or Electric
Vehicle Service Equipment, including, but not limited to, Level Two
EVSE and direct current fast chargers. Make Ready includes expenses
related to service panels, junction boxes, conduit, wiring, and other
components necessary to make a particular location able to accommodate
Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment
on a "plug and play" basis. "Make-Ready" is synonymous with the term
"charger ready," as used in P.L.2019, c.362 (C.48:25-1 et al.).
EVSE that has restricted access to specific users (e.g.,
single- and two-family homes, executive parking fleet parking with
no access to the general public).
EVSE that is publicly available (e.g., park & ride, public
parking lots and garages, on-street parking, shopping center parking,
non-reserved parking in multi-family parking lots, etc.).
C.
Approvals and permits.
(1)
An application for development submitted solely for the installation
of EVSE or Make-Ready parking spaces shall be considered a permitted
accessory use and permitted accessory structure in all zoning or use
districts and shall not require a variance pursuant to C. 40:55D-70.
(2)
EVSE and Make-Ready Parking Spaces installed pursuant to Subsection D below in development applications that are subject to site plan approval are considered a permitted accessory use as described in paragraph (1) above.
(3)
All EVSE and Make-Ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
(4)
The Zoning Officer shall enforce all signage and installation
requirements described in this ordinance. Failure to meet the requirements
in this section shall be subject to the same enforcement and penalty
provisions as other violations of the Borough of Oakland's land use
regulations.
(5)
An application for development for the installation of EVSE
or Make-Ready spaces at an existing gasoline service station, an existing
retail establishment, or any other existing building shall not be
subject to site plan or other land use board review, shall not require
variance relief pursuant to C. 40:55D-1 et seq. or any other law,
rule, or regulation, and shall be approved through the issuance of
a zoning permit by the administrative officer, provided the application
meets the following requirements:
(a)
The proposed installation does not violate bulk requirements
applicable to the property or the conditions of the original final
approval of the site plan or subsequent approvals for the existing
gasoline service station, retail establishment, or other existing
building;
(b)
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met; and
(c)
The proposed installation complies with the construction codes
adopted in or promulgated pursuant to the "State Uniform Construction
Code Act," P.L. 1975, c. 217 (C. 52:27D-119 et seq.), any safety standards
concerning the installation, and any State rule or regulation concerning
electric vehicle charging stations.
(6)
An application pursuant to paragraph 5, above, shall be deemed
complete if:
(a)
The application, including the permit fee and all necessary
documentation, is determined to be complete.
(b)
A notice of incompleteness is not provided within 20 days after
the filing of the application, or
(c)
A one-time written correction notice is not issued by the Zoning
Officer within 20 days after filing of the application detailing all
deficiencies in the application and identifying any additional information
explicitly necessary to complete a review of the permit application.
(7)
EVSE and Make-Ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building
shall be subject to applicable local and/or Department of Community
Affairs inspection requirements.
(8)
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
D.
Requirements for new installation of EVSE and Make-Ready parking
spaces.
(1)
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
(a)
Prepare as Make-Ready parking spaces at least 15% of the required
off-street parking spaces, and install EVSE in at least one-third
of the 15% of Make-Ready parking spaces;
(b)
Within three years following the date of the issuance of the
certificate of occupancy, install EVSE in an additional one-third
of the original 15% of Make-Ready parking spaces; and
(c)
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final one-third of the original
15% of Make-Ready parking spaces.
(d)
Throughout the installation of EVSE in the Make-Ready parking
spaces, at least 5% of the electric vehicle supply equipment shall
be accessible for people with disabilities.
(e)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or Make-Ready
parking spaces at a faster or more expansive rate than as required
above.
(2)
As a condition of preliminary site plan approval, each application
involving a parking lot or garage not covered in paragraph (1) above
shall:
(a)
Install at least one Make-Ready parking space if there will
be 50 or fewer off-street parking spaces.
(b)
Install at least two Make-Ready parking spaces if there will
be 51 to 75 off-street parking spaces.
(c)
Install at least three Make-Ready parking spaces if there will
be 76 to 100 off-street parking spaces.
(d)
Install at least four Make-Ready parking spaces, at least one
of which shall be accessible for people with disabilities, if there
will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as Make-Ready
parking spaces, at least 5% of which shall be accessible for people
with disabilities, if there will be more than 150 off-street parking
spaces.
(f)
In lieu of installing Make-Ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or Make-Ready
parking spaces at a faster or more expansive rate than as required
above.
(h)
Notwithstanding the provisions of this section, a retailer that
provides 25 or fewer off-street parking spaces or the developer or
owner of a single-family home shall not be required to provide or
install any electric vehicle supply equipment or Make-Ready parking
spaces.
E.
Minimum parking requirements.
(1)
All parking spaces with EVSE and Make-Ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to § 59-61 of this Municipal Code.
(2)
A parking space prepared with EVSE or Make-Ready equipment shall
count as at least two parking spaces for the purpose of complying
with a minimum parking space requirement. This shall result in a reduction
of no more than 10% of the total required parking.
(3)
All parking space calculations for EVSE and Make-Ready equipment
shall be rounded up to the next full parking space.
(4)
Additional installation of EVSE and Make-Ready parking spaces
above what is required in Section D, above, may be encouraged, but
shall not be required in development projects.
F.
Reasonable standards for all new EVSE and Make-Ready parking spaces.
(1)
Location and layout of EVSE and Make-Ready parking spaces is
expected to vary based on the design and use of the primary parking
area. It is expected flexibility will be required to provide the most
convenient and functional service to users. Standards and criteria
should be considered guidelines and flexibility should be allowed
when alternatives can better achieve objectives for provision of this
service.
(2)
Installation:
(a)
Installation of EVSE and Make-Ready parking spaces shall meet
the electrical subcode of the Uniform Construction Code, N.J.A.C.
5:23-3.16.
(b)
Each EVSE or Make-Ready parking space that is not accessible
for people with disabilities shall be not less than nine feet wide
or 18 feet in length. Exceptions may be made for existing parking
spaces or parking spaces that were part of an application that received
prior site plan approval.
(c)
To the extent practical, the location of accessible parking
spaces for people with disabilities with EVSE and Make Ready equipment
shall comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
(d)
Each EVSE or Make-Ready parking space that is accessible for
people with disabilities shall comply with the sizing of accessible
parking space requirements in the Uniform Construction Code, N.J.A.C.
5:23, and other applicable accessibility standards.
(3)
EVSE parking:
(a)
Publicly accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE.
(b)
Electric vehicles may be parked in any parking space designated
for parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
(c)
Public parking. Pursuant to NJSA 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a non-electric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any non-electric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code at § 1-5.1 or § 59-108 and § 59-109. Signage indicating the penalties for violations shall comply with paragraph (5), below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(d)
Private parking. The use of EVSE shall be monitored by the property
owner or designee.
(4)
Safety.
(a)
Each publicly accessible EVSE shall be located at a parking
space that is designated for electric vehicles only and identified
by green painted pavement and/or curb markings, a green painted charging
pictograph symbol, and appropriate signage pursuant to Section 5,
below.
(b)
Where EVSE is installed, adequate site lighting and landscaping
shall be provided in accordance with the Borough of Oakland's ordinances
and regulations.
(c)
Adequate EVSE protection such as concrete-filled steel bollards
shall be used for publicly accessible EVSE. Non-mountable curbing
may be used in lieu of bollards if the EVSE is setback a minimum of
24 inches from the face of the curb. Any stand-alone EVSE bollards
should be three to four feet high with concrete footings placed to
protect the EVSE from accidental impact and to prevent damage from
equipment used for snow removal.
(d)
EVSE outlets and connector devices shall be no less than 36
inches and no higher than 48 inches from the ground or pavement surface
where mounted, and shall contain a cord management system as described
in paragraph (e) below. Equipment mounted on pedestals, lighting posts,
bollards, or other devices shall be designated and located as to not
impede pedestrian travel, create trip hazards on sidewalks, or impede
snow removal.
(e)
Each EVSE shall incorporate a cord management system or method
to minimize the potential for cable entanglement, user injury, or
connector damage. Cords shall be retractable or have a place to hang
the connector and cord a safe and sufficient distance above the ground
or pavement surface. Any cords connecting the charger to a vehicle
shall be configured so that they do not cross a driveway, sidewalk,
or passenger unloading area.
(f)
Where EVSE is provided within a pedestrian circulation area,
such as a sidewalk or other accessible route to a building entrance,
the EVSE shall be located so as not to interfere with accessibility
requirements of the Uniform Construction Code, N.J.A.C. 5:23, and
other applicable accessibility standards.
(g)
Publicly accessible EVSEs shall be maintained in all respects,
including the functioning of the equipment. A twenty-four-hour on-call
contact shall be provided on the equipment for reporting problems
with the equipment or access to it. To allow for maintenance and notification,
the Borough of Oakland shall require the owners/designee of publicly
accessible EVSE to provide information on the EVSE's geographic location,
date of installation, equipment type and model, and owner contact
information.
(5)
Signs.
(a)
Publicly accessible EVSE shall have posted regulatory signs,
as identified in this section, allowing only charging electric vehicles
to park in such spaces. For purposes of this section, "charging" means
that an electric vehicle is parked at an EVSE and is connected to
the EVSE. If time limits or vehicle removal provisions are to be enforced,
regulatory signs including parking restrictions shall be installed
immediately adjacent to, and visible from the EVSE. For private EVSE,
installation of signs and sign text is at the discretion of the owner.
(b)
All regulatory signs shall comply with visibility, legibility,
size, shape, color, and reflectivity requirements contained within
the Federal Manual on Uniform Traffic Control Devices as published
by the Federal Highway Administration.
(c)
Wayfinding or directional signs, if necessary, shall be permitted
at appropriate decision points to effectively guide motorists to the
EVSE parking space(s). Wayfinding or directional signage shall be
placed in a manner that shall not interfere with any parking space,
drive lane, or exit and shall comply with b. above.
(d)
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly
accessible EVSE parking spaces:
[1]
Hour of operations and/or time limits if time limits or tow-away
provisions are to be enforced by the municipality or owner/designee;
[2]
Usage fees and parking fees, if applicable; and
[3]
Contact information (telephone number) for reporting when the
equipment is not operating or other problems.
(6)
Usage fees.
(a)
For publicly accessible municipal EVSE: Reserved.
(b)
Private EVSE: Nothing in this section shall be deemed to preclude
a private owner/designee of an EVSE from collecting a fee for the
use of the EVSE, in accordance with applicable State and Federal regulations.
Fees shall be available on the EVSE or posted at or adjacent to the
EVSE parking space.
